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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 316
Introduced by Fredrickson, 20.
Read first time January 11, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to marriage; to amend sections 42-102, 42-103,
2 42-104, 42-106, 42-109, and 42-110, Reissue Revised Statutes of
3 Nebraska; to change terminology; to harmonize provisions; and to
4 repeal the original sections.
5 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 42-102, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 42-102 At the time of the marriage, the spouses male must be of the
4 age of seventeen years of age or older upward, and the female of the age
5 of seventeen years or upward. No person who is afflicted with a venereal
6 disease shall marry in this state.
7 Sec. 2. Section 42-103, Reissue Revised Statutes of Nebraska, is
8 amended to read:
9 42-103 Marriages are void (1) when either party has a spouse husband
10 or wife living at the time of the marriage, (2) when either party, at the
11 time of marriage, is mentally incompetent to enter into the marriage
12 relation, and (3) when the parties are related to each other as parent
13 and child, grandparent and grandchild, siblings brother and sister of
14 half or as well as whole blood, first cousins when of whole blood, uncle
15 and niece or nephew, or and aunt and niece or nephew. This subdivision
16 extends to children and relatives born out of wedlock as well as those
17 born in wedlock.
18 Sec. 3. Section 42-104, Reissue Revised Statutes of Nebraska, is
19 amended to read:
20 42-104 (1) Prior to the solemnization of any marriage in this
21 state, a license for that purpose shall be obtained from a county clerk
22 in the State of Nebraska. Applications for a marriage license made with
23 the county court prior to January 1, 1987, shall be processed and
24 licenses shall be issued by the county court according to the law and
25 procedures in effect on the date each application was made. No marriage
26 hereafter contracted shall be recognized as valid unless such license has
27 been previously obtained and used within one year from the date of
28 issuance and unless such marriage is solemnized by a person authorized by
29 law to solemnize marriages.
30 (2) The application shall be accompanied by Each party shall present
31 satisfactory documentary proof of the following information for each
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1 spouse and shall swear or affirm to the application giving: (a)(1) Full
2 name; (b) of each applicant and residence; and (c) (2) the place, date,
3 and year of birth of each.
4 (3) Each party shall swear or affirm to the accuracy of the
5 information in the application.
6 Sec. 4. Section 42-106, Reissue Revised Statutes of Nebraska, is
7 amended to read:
8 42-106 (1) When an application is made for a marriage license to
9 the county clerk, the county clerk he or she shall, upon the granting of
10 such license, state in the license the information contained in the
11 application as provided in section 42-104. The license shall, prior to
12 the issuing thereof, be entered of record in the office of the county
13 clerk in a suitable book to be provided for that purpose.
14 (2) The forms for the application, license, and certificate of
15 marriage shall be provided by the Department of Health and Human Services
16 at actual cost as determined by the department. The forms for the
17 application, license, and certificate of marriage shall refer to the
18 parties using the designations Spouse 1 and Spouse 2.
19 Sec. 5. Section 42-109, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 42-109 In the solemnization of marriage no particular form shall be
22 required, except as provided in this section. The that the parties shall
23 solemnly declare in the presence of the magistrate or minister and the
24 attending witnesses, that they take each other in marriage. There as
25 husband and wife; and in any case there shall be at least two witnesses
26 in addition to , besides the minister or magistrate present at the
27 ceremony.
28 Sec. 6. Section 42-110, Reissue Revised Statutes of Nebraska, is
29 amended to read:
30 42-110 A Whenever a marriage shall have been solemnized pursuant to
31 the provisions of sections 42-101 to 42-117, the minister or magistrate
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1 who solemnized a marriage pursuant to sections 42-101 to 42-117 the same
2 shall, upon request, give to each of the parties, on request, a
3 certificate signed by the minister or magistrate under his hand,
4 specifying the names, ages, and places of residence of the parties
5 married, the names and residences of at least two witnesses who were
6 present at such marriage, and the time and place thereof.
7 Sec. 7. Original sections 42-102, 42-103, 42-104, 42-106, 42-109,
8 and 42-110, Reissue Revised Statutes of Nebraska, are repealed.
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Statutes affected: Introduced: 42-102, 42-103, 42-104, 42-106, 42-109, 42-110