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1. Are common law marriages recognized?

Since 1923, common law marriages cannot be entered into in the State of Nebraska (Ropken v. Ropken, 169 Nebraska 352, 99 NW.2d 480).

2. Are same-sex marriages recognized?

Yes. As of June 26, 2015, the State of Nebraska recognizes same-sex marriages.

3. How closely related may the parties be?

In Nebraska (per Nebraska Revised Statute Section 42-103), marriages are void when the parties are related to each other as:

• Aunt and nephew
• Brother or sister
• Grandparent and grandchild
• Half-brother or half-sister
• Parent and child
• Uncle and niece
• Whole first cousins

This section applies to children and relatives born in or out of wedlock.

4. Should a Nebraska license be issued if the couple is planning to get married in another state or country?

No. The couple must obtain their marriage license from the state or country where their ceremony will be performed.

5. If a couple was married in another state or country, do they need to get a marriage license in Nebraska?

No. If the marriage was validly contracted under the laws of another state or country, it is valid in Nebraska (per Nebraska Revised Statutes Section 42-117).

6. Should a license be issued if the couple is renewing wedding vows?

No. A marriage license is not needed to renew vows.

7. How soon can parties remarry after a divorce or annulment?

For purposes of remarriage, other than remarriage of the same parties, those divorced in the State of Nebraska must wait 6 months after the divorce decree was rendered before remarrying (per Nebraska Revised Statutes Section 42-372.01). Furthermore, neither applicant would be able to apply for a new marriage license before the 6-month waiting period is over. 

Annulments are subject to all applicable provisions of the statutes pertaining to divorce (per Nebraska Revised Statutes Section 42-373). Applicants will be required to submit the date the previous marriage ended at the time of application.

8. Is there a waiting period to remarry following the death of a spouse?

No. There is no waiting period to remarry upon death of a spouse.

9. 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 shall present satisfactory documentary proof and shall swear to the application giving the place, date and year of their birth, full name of each applicant and residence (per Nebraska Revised Statutes Section 42-104). 

Satisfactory proof of identity includes a valid (unexpired), governmental issued photo ID such as a driver's license, state ID card or passport. Please contact our office at 402-441-7481 if you have questions concerning your identification papers.

10. Must social security numbers be included on the application?

Yes. As of September 13, 1997, the State requires social security numbers to be provided. Those without social security numbers must indicate so at the time of application.

11. Must an officiant be a resident of or certified in Nebraska?

No. Nebraska certification or residence is not needed as long as the officiant is authorized to perform marriage ceremonies as outlined in Nebraska Revise Statute Section 42-108 which states, "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."

12. What do we do if we want to be married by a judge?

View the list of judges who perform marriage ceremonies. An appointment must be made directly with a judge prior to your ceremony and a fee will be charged.

13. Are blood tests required for female applicants?

No. As of April 14, 1998, blood tests are no longer required.