2006 Nebraska Revised Statutes - § 42-105 — Marriage of minor; conditions upon which a license may be issued.

Section 42-105
Marriage of minor; conditions upon which a license may be issued.

When either party is a minor, no license shall be granted without the written consent under oath of: (1) Either one of the parents of such minor, if the parents are living together; (2) the parent having the legal custody of such minor, if the parents are living separate and apart from each other; (3) the surviving parent, if one of the parents of such minor is deceased; or (4) the guardian, conservator, or person under whose care and government such minor may be, if both parents of such minor are deceased or if such guardian, conservator, or person has the legal and actual custody of such minor. The county clerk shall be justified in issuing the license, without further proof, upon receiving an affidavit setting forth the facts with reference to the conditions above specified and giving consent to the marriage, signed by the person authorized to give written consent under such circumstances.

Source:

R.S.1866, c. 34, § 5, p. 254

R.S.1913, §§ 1543, 1544

C.S.1922, §§ 1492, 1493

Laws 1923, c. 40, § 2, p. 154

Laws 1925, c. 84, § 1, p. 261

C.S.1929, §§ 42-104, 42-105

R.S.1943, § 42-105

Laws 1945, c. 99, § 1, p. 327

Laws 1975, LB 481, § 28

Laws 1986, LB 525, § 5

Annotations:

Above section relates to the obtaining of license, and does not go to validity of marriage. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).

~Reissue Revised Statutes of Nebraska