Nebraska Revised Statutes

Neb. Rev. Stat. § 42-378 (2026)

Nullity of marriage; procedure; costs

✓ current as of July 2026

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When the court finds that a party entered into the contract of marriage in good faith supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree and the court may order such innocent party compensated as in the case of dissolution of marriage, including an award for costs and attorney fees.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1984–2021 · leading case: Manker v. Manker, 644 N.W.2d 522 (Neb. 2002).

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Manker v. Manker, 644 N.W.2d 522 (Neb. 2002). · cites it 43× “In her petition, Karen claimed she was a putative spouse within the meaning of Neb.Rev.Stat. § 42-378 (Reissue 1998) and sought relief in the form of an equitable division of assets, alimony, and child support.”

Seivert v. Alli, 309 Neb. 246 (Neb. 2021). · cites it 32× “The disputed issues included the following: if and when the parties were married; if the parties were not married, whether they should be treated as putatively married under Neb. Rev. Stat. § 42-378 (Reissue 2016); the date on which the marital estate should be identified and…”

Hicklin v. Hicklin, 509 N.W.2d 627 (Neb. 1994). · cites it 18× “The court noted that both parties had attempted to bring themselves within Neb. Rev. Stat. § 42-378 (Reissue 1988). That statute provides: When the court finds that a party entered into the contract of marriage in good faith supposing the other to be capable of contracting, and…”

Watts v. Watts, 547 N.W.2d 466 (Neb. 1996). · cites it 4× “We held that although the parties' marriage was void, the putative wife was entitled to be compensated as in the case of the dissolution of marriage under Neb.Rev.Stat. § 42-378 (Reissue 1993) and in accord with the putative marriage doctrine.”

Randall v. Randall, 345 N.W.2d 319 (Neb. 1984). · cites it 3× “Randall argues that even if the court determines that no valid marriage existed, the court nevertheless has jurisdiction to award a division of property under the provisions of Neb. Rev. Stat. §42-378 (Reissue 1978), which reads: “When the court finds that a party entered into…”

Pettid v. Comm'r, 1999 T.C. Memo. 126 (Tax Ct. 1999). “the 8th day of May, 1982, Pettid entered into a marriage ceremony with Wagner (hereinafter referred to as "the Marriage Ceremony"); and WHEREAS, the Marriage Ceremony took place during the six- month interlocutory period of the Divorce; and WHEREAS, Wagner was unaware of…”

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