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Nebraska Revised Statutes

Neb. Rev. Stat. § 42-103 (2026)

Marriages; when void

✓ current as of July 2026
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Marriages are void (1) when either party has a husband or wife living at the time of the marriage, (2) when either party, at the time of marriage, is mentally incompetent to enter into the marriage relation, and (3) when the parties are related to each other as parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins when of whole blood, uncle and niece, and aunt and nephew. This subdivision extends to children and relatives born out of wedlock as well as those born in wedlock.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1931–2021 · leading case: Collins v. Hoag & Rollins, Inc., 241 N.W. 766 (Neb. 1932).
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Collins v. Hoag & Rollins, Inc., 241 N.W. 766 (Neb. 1932). · cites it 11× “Ill of the Constitution, which reads: “And no law shall be amended unless the new act contain the section or sections as amended and the section or- sections so amended shall be repealed,” in that the act in chapter 40, Laws 1923, is, in effect, amendatory of three other…”
Malousek v. Meyer, 309 Neb. 803 (Neb. 2021). · cites it 4× “Neb. Rev. Stat. § 42-103 (Reissue 2016). Although we have questions about whether Molly’s chil- dren or the special administrator have standing to seek the invalidation of the marriage based on undue influence alone, we need not resolve those questions here.”
Watts v. Watts, 547 N.W.2d 466 (Neb. 1996). · cites it 4× “The question before us is whether Kilgore's right to alimony from Watts under their divorce decree was terminated upon Kilgore's entry into a void marriage.”
Seivert v. Alli, 309 Neb. 246 (Neb. 2021). · cites it 2× “See, also, Neb. Rev. Stat. § 42-103 (Reissue 2016) (setting forth circumstances in which marriages are void).”
Hicklin v. Hicklin, 509 N.W.2d 627 (Neb. 1994). · cites it 3× “See Neb. Rev. Stat. § 42-103 (Cum. Supp. 1992).”
Edmunds v. Edwards, 287 N.W.2d 420 (Neb. 1980). · cites it 3× “Another statutory provision of which we must take cognizance in this appeal is section 42-103, R. R. S. 1943, which provides: “Marriages are void * * * (2) when either party, at the time of marriage, is insane or mentally incompetent to enter into the marriage relation; * * *.”
State v. Johnson, 967 N.W.2d 242 (Neb. 2021). · cites it 3× “19 Further, “[a]ll marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.”
State v. Loyuk, 289 Neb. 967 (Neb. 2015). · cites it 2× “We read all the jury instructions together,37 and if, taken as a whole, they correctly state the law, are not misleading, and adequately cover the issues supported by the pleadings and the evidence, there is no prejudicial error necessitating reversal.38 The appellant has the…”
Christensen v. Christensen, 14 N.W.2d 613 (Neb. 1944). · cites it 2× “They are section 42-103, Comp. St. 1929, which specifically provides that four certain classes of marriages are void; and section 42-104, Comp.”
Scott v. Scott, 46 N.W.2d 627 (Neb. 1951). · cites it 2× “Section 42-103, R. S. 1943, provides, as far as here material, as follows: “Marriages are void * * * (2) when either party has a husband or wife living at the time of the marriage * * It is well settled that a marriage contract between a man and woman, one of whom is married, is…”
McGuire v. Califano, 440 F. Supp. 1031 (D. Neb. 1977). · cites it 2× “Even if a motion for retroactive validation were to be made, the record shows that the South Sioux City marriage took place within four months of the date of the entrance of the interlocutory judgment in California. If the Dean R.”
Arrigo v. City of Lincoln, 48 N.W.2d 643 (Neb. 1951). · cites it 3× “” § 42-103, Lincoln Municipal Code of 1936.”
Show all 15 citing cases →
— Neb. Rev. Stat. § 42-103(1) — 1 case
McGuire v. Califano, 440 F. Supp. 1031 (D. Neb. 1977). “Even if a motion for retroactive validation were to be made, the record shows that the South Sioux City marriage took place within four months of the date of the entrance of the interlocutory judgment in California. If the Dean R.”
— Neb. Rev. Stat. § 42-103(2) — 1 case
Malousek v. Meyer, 309 Neb. 803 (Neb. 2021). “Neb. Rev. Stat. § 42-103 (Reissue 2016). Although we have questions about whether Molly’s chil- dren or the special administrator have standing to seek the invalidation of the marriage based on undue influence alone, we need not resolve those questions here.”
— Neb. Rev. Stat. § 42-103(3) — 1 case
In Re Est. of Everhart, 783 N.W.2d 1 (Neb. Ct. App. 2010).
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