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1. Is there a waiting period before remarriage after a divorce?

If there is a previous divorce in the State of Nebraska, a new license will not be issued and you cannot remarry until at least six months and one day have passed from the date the Decree is signed by the judge and filed with the District Court Clerk’s office. The applicants will be required to submit the date the previous marriage ended.

Nebraska State Statute 42-372.01 For purposes of remarriage other than remarriage between the parties, a decree dissolving a marriage becomes final and operative six months after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.

Nebraska State Statute 42-341 A divorce from the bonds of matrimony obtained in another jurisdiction shall be of no force or effect in this state, if both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced except as provided in section 30-2353.

2. Are there age requirements for marriage?

Applicants must be 19 years or older to marry in the State of Nebraska without consent.

Applicants that are 17 or 18 years old must have parental consent (PDF). Anyone 16 or younger cannot marry in Nebraska.

Nebraska State Statute 43-105 In order to marry in Nebraska, both parties must be a minimum age of seventeen and minors must have parental consent to marry. Parental consent may be provided by : 1) either of the parents, if the parents are living together; 2) the parent having legal custody, if the parents are living apart from each other; 3) the surviving parent, if one is deceased; or 4) the minors guardian if both parents are deceased or if the guardian has legal and actual custody of the minor. ’42-105.

Nebraska State Statute 43-2101 All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends.

3. Must Social Security Numbers be included on the Application?

Yes. Nebraska State Statute 43-3340 states: Effective September 13, 1997, the social security numbers of both the bride and groom are required on a marriage license.

4. Do we need a license to renew our vows?

No new license is necessary and none should be issued if a couple is renewing their vows. Marriages are void if either party has a spouse living at the time of the marriage, ’42-103. The renewal is ceremonial in nature only and has no legal effect on the existing marriage of the parties. Similarly, no new license should be issued if the parties were married in another state or country. If the marriage has been validly contracted under the laws of another state or another country, it is effective here -’42-117.

5. Are rubella tests for female applicants required?

No. LB 1073, a Health and Human Services clean-up bill, outright repealed the rubella test, among other things. ’42-121. Effective April 14, 1998, rubella testing is no longer required. Although a prohibition on marriage of persons afflicted with venereal disease remains in statute, no provisions are made for testing or enforcement. ’42-102.

6. If a foreign birth certificate is presented as proof of age and the parties claim to be of age, must that document be accepted?

Each party applying for a marriage license must present satisfactory documentary proof and must swear on the application the place, date and year of their birth. ’42-104. State marriage license statutes do not provide for the services of an interpreter or other means of determining the accuracy of documentation presented in marriage license applications. County Clerks are given statutory discretion to refuse to grant a license if the required proof is not given, the parties are incompetent or minors without consent, or there is an impediment ’42-107. However, a clerk who willfully and knowingly makes a false record of a certificate may be guilty of a Class I misdemeanor. ’42-113. No Nebraska case law has interpreted this issue, although cases from other states have raised issues of good faith and privacy rights.

7. Can minors be witnesses?

State marriage license statutes require that at least two witnesses, in addition to the minister or magistrate, be present at the ceremony. ’42-108 and 42-109. The names and residences of these witnesses must be provided on the certificate ’42-110. While these sections do not specify a minimum age for witnesses, the age of majority for other legal purposes is 19, ’42-2101. However, the minority of the witnesses is not specifically included as a statutory reason for a marriage to be void or voidable.

8. Must a minister be a resident of or certified in Nebraska?

No. Nebraska certification or residence is not needed as long as the minister is authorized to perform marriage ceremonies by the denomination to which he or she belongs. Every judge, retired judge, or clerk magistrate, and every preacher of the gospel authorized by the usages of the church to which he or she belongs to solemnize marriages, may perform the marriage ceremony in this state. ’42-108. If the marriage is consummated with belief of the parties that they have been joined in marriage, the validity of the marriage is not affected by any want of jurisdiction or authority of a supposed minister, ’42-114. However, if any person undertakes to join others in marriage, knowing that he or she is not authorized to do so or knowing of a legal impediment to the marriage, he or she shall be guilty of a Class I misdemeanor. ’42-113.

9. What elements are required in the marriage ceremony?

No particular form of ceremony is required, although each party must solemnly declare in the presence of the efficient and witnesses that they take each other as husband and wife, ’42-110. The ceremony may follow the rites and customs of the religious society to which the parties belong, with the moderator or keeper of the society’s books completing and returning the certificate of marriage to the County Clerk ’42-115.

10. Are same-sex marriages allowed?

Same-sex marriages are now legal in the State of Nebraska. The Sarpy County Clerk’s office is now issuing marriage licenses to same-sex couples.

11. Are common law marriages accepted in the state?

Since 1923, common law marriages cannot be entered into in Nebraska. Ropken v. Ropken, 169 Neb. 352, 99 N.W.2d 480. Because the state accepts marriages that are validly entered into elsewhere, a common law marriage of another state would be accepted here ’42-117. However, residents of Nebraska cannot temporarily enter a common law marriage state to achieve that status. Binger v. Binger, 158 Neb. 444, 63 NW.2d 784.

12. Can a customer get an official copy of a marriage license from the County Clerk's office?

Since 1987, County Clerks have submitted marriage records to the state, currently to the Bureau of Vital Statistics. State records retention guidelines provide that records of marriages entered into between 1909 and 1986 may be disposed of at the discretion of the County Clerk and there is no statutory requirement that records after 1987 be maintained in any fashion in the county.

The Sarpy County Clerk does, however, retain copies of these marriage records (1987 to current) and makes them available for a $9 fee for certified copies. These certified copies may be used for all legal purposes. The Application for Marriage Record (PDF) may be downloaded for your convenience. Follow the instructions on this form and mail to the address listed.

You may also obtain official state-certified copies of marriage licenses for the years 1908 to current from the Bureau of Vital Statistics. The fee for such copies is $16. Copies of marriage licenses issued prior to 1908 may be obtained from the Nebraska State Historical Society.

13. Are prenuptial agreements allowed in Nebraska?

Prenuptial or premarital agreements are provided for in ’42-1001 et. seq. And may be used by the parties to set out property rights, spousal support, life insurance and other matters prior to marriage. In general, an agreement must be in writing, must be signed voluntarily by both parties, and must make fair and reasonable disclosure of obligations ’42-1003 and ’42-1006. The agreement becomes effective upon marriage ’42-1005.

If further information regarding your Marriage License is required please call 402-593-5957.