Nebraska § 42-105 Marriage of minor; conditions upon which a license may be issued

Nebraska Statutes

§ 42-105 — Marriage of minor; conditions upon which a license may be issued

Nebraska § 42-105

Ch. 42Households and Families

This text of Nebraska § 42-105 (Marriage of minor; conditions upon which a license may be issued) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 42-105 (2026).

Text

When either party is a minor, no license shall be granted without the written consent under oath of:

(1)Either one of the parents of such minor, if the parents are living together;

(2)the parent having the legal custody of such minor, if the parents are living separate and apart from each other;

(3)the surviving parent, if one of the parents of such minor is deceased; or (4) the guardian, conservator, or person under whose care and government such minor may be, if both parents of such minor are deceased or if such guardian, conservator, or person has the legal and actual custody of such minor. The county clerk shall be justified in issuing the license, without further proof, upon receiving an affidavit setting forth the facts with reference to the conditions above specified and giving c

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When either party is a minor, no license shall be granted without the written consent under oath of: (1) Either one of the parents of such minor, if the parents are living together; (2) the parent having the legal custody of such minor, if the parents are living separate and apart from each other; (3) the surviving parent, if one of the parents of such minor is deceased; or (4) the guardian, conservator, or person under whose care and government such minor may be, if both parents of such minor are deceased or if such guardian, conservator, or person has the legal and actual custody of such minor. The county clerk shall be justified in issuing the license, without further proof, upon receiving an affidavit setting forth the facts with reference to the conditions above specified and giving consent to the marriage, signed by the person authorized to give written consent under such circumstances.

Legislative History

Source: R.S.1866, c. 34, § 5, p. 254; R.S.1913, §§ 1543, 1544; C.S.1922, §§ 1492, 1493; Laws 1923, c. 40, § 2, p. 154; Laws 1925, c. 84, § 1, p. 261; C.S.1929, §§ 42-104, 42-105; R.S.1943, § 42-105; Laws 1945, c. 99, § 1, p. 327; Laws 1975, LB 481, § 28; Laws 1986, LB 525, § 5. Annotations: Above section relates to the obtaining of license, and does not go to validity of marriage. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).