Neb. Rev. Stat. » Chapter 42
Nebraska Revised Statutes

Neb. Rev. Stat. § 42-104 (2026)

Solemnization; license; application; requirements

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Prior to the solemnization of any marriage in this state, a license for that purpose shall be obtained from a county clerk in the State of Nebraska. Applications for a marriage license made with the county court prior to January 1, 1987, shall be processed and licenses shall be issued by the county court according to the law and procedures in effect on the date each application was made. No marriage hereafter contracted shall be recognized as valid unless such license has been previously obtained and used within one year from the date of issuance and unless such marriage is solemnized by a person authorized by law to solemnize marriages. Each party shall present satisfactory documentary proof of and shall swear or affirm to the application giving: (1) Full name of each applicant and residence; and (2) the place, date, and year of birth of each.

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1931–2021 · leading case: Vlach v. Vlach, 835 N.W.2d 72 (Neb. 2013).
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Vlach v. Vlach, 835 N.W.2d 72 (Neb. 2013). · cites it 12× “The court concluded that the requirements for a valid legal marriage, as provided by Neb. Rev. Stat. § 42-104 (Reissue 1984), had been met.”
Collins v. Hoag & Rollins, Inc., 241 N.W. 766 (Neb. 1932). · cites it 20× “The alleged marriage occurred in this state in 1929, and its validity depends upon the proper interpretation of section 42-104, Comp. St. 1929, and the constitutionality of that section.”
Voss v. State (In Re Est. of Hasterlik), 909 N.W.2d 641 (Neb. 2018). · cites it 2× “See Neb. Rev. Stat. § 42-104 (Reissue 2016).”
Christensen v. Christensen, 14 N.W.2d 613 (Neb. 1944). · cites it 6× “1929, provides that, “No person who is afflicted with a venereal disease shall marry in the state”; and, that it appears from the undisputed evidence that plaintiff made an affidavit with respect thereto, as required by section 42-104, Comp. St. 1929, which was false, and of…”
Seivert v. Alli, 959 N.W.2d 777 (Neb. 2021). · cites it 2× “Because the question of whether the parties obtained a license and participated in a marriage ceremony in Hawaii turned largely on the testimony of Seivert and Alli and the district court had the opportunity to observe this testimony, we believe deference to its assessment of…”
Scott v. Scott, 46 N.W.2d 627 (Neb. 1951). · cites it 4× “Since the enactment by the 1923 Legislature of Chapter 40, section 2, page 154, Laws' 1923, now section 42-104, R. S. 1943, common law marriages are no longer recognized in Nebraska.”
Randall v. Randall, 345 N.W.2d 319 (Neb. 1984). · cites it 2× “We are unable to understand how that argument is made, in light of the clear language of Neb. Rev. Stat. § 42-104 (Reissue 1978), which provides: “Previous to the solemnization of any marriage in this state, a license for that purpose must be obtained from a county court in the…”
State v. Johnson, 967 N.W.2d 242 (Neb. 2021). · cites it 9× “We later granted the State’s petition to bypass review by the Court of Appeals.”
Bowman v. Bowman, 79 N.W.2d 554 (Neb. 1956). · cites it 2× “The finding of the district court herein that the contingency of remarriage of appellant, provided as a basis of terminating alimony to her, had occurred is without support by either pleading or proof.”
In re Ragan's Est., 62 N.W.2d 121 (Neb. 1954). · cites it 4× “Common-law marriages entered into since the enactment of section 42-104, R. R. S. 1943, are not recognized in this state.”
Abramson v. Abramson, 74 N.W.2d 919 (Neb. 1956). “See § 42-104, R. R. S. 1943. How *787 ever, “The general rule is that the validity of a marriage is determined by the law of the place where it was contracted; if valid there it will be held valid everywhere, and conversely if invalid by the lex loci contractus, it will be…”
In re Est. of Hasterlik, 299 Neb. 630 (Neb. 2018). · cites it 2× “9 See Neb. Rev. Stat. § 42-104 (Reissue 2016). - 635 - Nebraska Supreme Court A dvance Sheets 299 Nebraska R eports IN RE ESTATE OF HASTERLIK Cite as 299 Neb.”
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