Nebraska Annulment and Prohibited Marriage Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 30, 2022
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Marriage is regulated primarily at the state level. To varying degrees, laws related to marriage can vary from one state to the next. They prohibit certain kinds of marriage, while also setting age limits for getting married without parental consent. At the same time, each state sets laws and rules for obtaining a civil annulment.
Annulment is different than divorce in that it is granted by a judge only if the marriage is invalid. When a marriage is determined to be legally invalid, it is as if the marriage never existed in the first place. For instance, a marriage entered into under fraudulent terms is not valid and may be annulled.
Civil Annulments and Prohibited Marriages in Nebraska: An Overview
Nebraska marriages may be annulled if one of the parties is underage, for reasons of impotence, if consent was obtained by force, and for other reasons. While certain states formerly prohibited same-sex marriages, they can no longer do so as same-sex marriage is legal across the country. In 2015, the U.S. Supreme Court ruled that bans on same-sex marriage violate the Fourteenth Amendment's Equal Protection clause. In that year, the U.S. Supreme Court did so in a case called Obergefell v. Hodges.
The following chart lists additional details on laws in Nebraska which are related to civil annulments and prohibited marriages. See FindLaw's Marriage Law section to learn more.
Grounds for Annulment |
Under 42-374, the following are reasons a person may pursue a civil annulment:
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Time Limits for Obtaining Annulment |
- |
Legitimacy of Children |
Generally speaking, children that are born to annulled marriages are considered legitimate. |
Prohibited Marriages |
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Note: State laws are subject to change through ballot initiatives, newly passed legislation, decisions from higher courts, and other means. You should contact a Nebraska family law attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
Consider reviewing the following resources for more information about laws in Nebraska, including those relate to civil annulments and prohibited marriages:
- At Nebraska Law, you'll find links to all laws in the state, including those related to civil annulments and prohibited marriages.
- At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.
Civil Annulments and Prohibited Marriages: Related Resources
Consider reviewing the following resources for more information about laws and legal issues related to civil annulments, prohibited marriages, and marriage in general:
- Annulment and the Law
- Nebraska Divorce Requirements
- Nebraska Marriage Age Requirements
- Same-Sex Marriage
- Find a Family Law Attorney
Need More Help? Contact an Attorney Today
If you're considering a civil annulment or are in a marriage that is prohibited by law or legally invalid, it can be difficult to navigate the legal issues that you may be in your future. For more help, you may want to contact a qualified family law attorney near you. They can help you with all the legal issues that occur under such circumstances.
Can I Solve This on My Own or Do I Need an Attorney?
- Divorces are tough and a lawyer can seek the best outcome
- A lawyer can help protect your children's interests
- Divorce lawyers can secure alimony, visitation rights, and property division
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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