§ 42-118 — Marriages; when voidable

Nebraska § 42-118

• Jurisdiction: Nebraska
• Ch. 42: Households and Families

Text

In case of a marriage solemnized when either of the parties is under the age of legal consent, if they shall separate during such nonage, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequently voluntary cohabitation of the parties, the marriage shall be deemed voidable.

Legislative History

Source: R.S.1866, c. 16, § 2, p. 128; R.S.1913, § 1557; C.S.1922, § 1506; C.S.1929, § 42-118; R.S.1943, § 42-118. Annotations: A marriage is voidable when it has legal imperfections in its establishment which can be inquired into only during the lives of both of the parties in a proceeding by annulment to obtain a judgment of a competent court declaring its invalidity. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021). Fraud sufficient to vitiate a marriage must go to the essence of the marriage relation. Zutavern v. Zutavern, 155 Neb. 395, 52 N.W.2d 254 (1952). Marriage may be set aside for fraud. Hudson v. Hudson, 151 Neb. 210, 36 N.W.2d 851 (1949). In annulment suit, plaintiff must not only show consent obtained by force or fraud but must prove that there was no subsequent voluntary cohabitation of the parties. Kanaly v. Bronson, 97 Neb. 322, 149 N.W. 781 (1914). Father of minor who brings suit to annul marriage of son under age is not liable for child support. Caulk v. Caulk, 91 Neb. 638, 136 N.W. 845 (1912). Disparity in age of the contracting parties is not one of the statutory causes for annulment. Kutch v. Kutch, 85 Neb. 702, 124 N.W. 108 (1909). Where marriage is annulled for nonage of male, it is proper to make order for support of wife and child. Willits v. Willits, 76 Neb. 228, 107 N.W. 379 (1906).