Nebraska Revised Statutes

Neb. Rev. Stat. § 42-109 (2026)

Ceremony; requirements

✓ current as of July 2026

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In the solemnization of marriage no particular form shall be required, except that the parties shall solemnly declare in the presence of the magistrate or minister and the attending witnesses, that they take each other as husband and wife; and in any case there shall be at least two witnesses, besides the minister or magistrate present at the ceremony.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2017–2021 · leading case: Gillpatrick v. Sabatka-Rine, 297 Neb. 880 (Neb. 2017).

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Gillpatrick v. Sabatka-Rine, 297 Neb. 880 (Neb. 2017). · cites it 16× “880 the Department interprets Neb. Rev. Stat. § 42-109 (Reissue 2016) to require that the inmates both appear physically before an officiant.”

In re Est. of McDonald, 2021 IL App (2d) 191113 (Ill. App. Ct. 2021). “”); Neb. Rev. Stat. Ann. § 42-109 (West 2016) (requiring “at least two witnesses, besides the minister or magistrate” to be present at the ceremony where the marriage is solemnized); Nev.”

In re Est. of McDonald, 2020 IL App (2d) 191113 (Ill. App. Ct. 2021). “”); Neb. Rev. Stat. Ann. § 42-109 (West 2016) (requiring “at least two witnesses, besides the minister or magistrate” to be present at the ceremony where the marriage is solemnized); Nev.”

Gillpatrick v. Frakes (D. Neb. 2019). · cites it 2× “See Neb. Rev. Stat. § 42-109 . On the plaintiffs’ motion, the state court granted summary judgment in the plaintiffs’ favor on February 2, 2016.”

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