2022 Nebraska Revised Statutes
Chapter 42 - Households and Families
42-117 - Marriage contracted out of state; when valid.
42-117. Marriage contracted out of state; when valid.
All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.
Source
- R.S.1866, c. 34, § 17, p. 257;
- R.S.1913, § 1556;
- C.S.1922, § 1505;
- C.S.1929, § 42-117;
- R.S.1943, § 42-117.
Annotations
Residents of this state cannot enter into common-law marriage by temporary sojourns in another state. Binger v. Binger, 158 Neb. 444, 63 N.W.2d 784 (1954).
Where law of South Dakota was not pleaded, remarriage in South Dakota within three months after entry of divorce decree in Nebraska was invalid. Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951), 23 A.L.R.2d 1431 (1951).
Marriage in Colorado was valid even though no license was obtained. Allen v. Allen, 121 Neb. 635, 237 N.W. 662 (1931).
Even though parties have left this state to evade our laws, a marriage is valid unless expressly declared void. Staley v. State, 89 Neb. 701, 131 N.W. 1028 (1911); State v. Hand, 87 Neb. 189, 126 N.W. 1002 (1910).
If marriage is valid where celebrated, it is valid in this state. Hills v. State, 61 Neb. 589, 85 N.W. 836 (1901); Bailey v. State, 36 Neb. 808, 55 N.W. 241 (1893); Gibson v. Gibson, 24 Neb. 394, 39 N.W. 450 (1888).
