42-103. Marriages; when void.
Marriages are void (1) when either party has a husband or wife living at the time of the marriage, (2) when either party, at the time of marriage, is mentally incompetent to enter into the marriage relation, and (3) when the parties are related to each other as parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins when of whole blood, uncle and niece, and aunt and nephew. This subdivision extends to children and relatives born out of wedlock as well as those born in wedlock.
Source
Cross References
Annotations
1. Void marriage, party has spouse
2. Void marriage, mental illness
3. Void marriage, related parties
4. Miscellaneous
1. Void marriage, party has spouse
A marriage contract between a man and a woman, one of whom is married, is void. Boersen v. Huffman, 189 Neb. 469, 203 N.W.2d 489 (1973); Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951), 23 A.L.R.2d 1431 (1951).
Marriage within six months of divorce is void, but cohabitation after impediment is removed, though removal is unknown, validates. Aldrich v. Steen, 71 Neb. 33, 98 N.W. 445 (1904); Eaton v. Eaton, 66 Neb. 676, 92 N.W. 995 (1902).
Applicant for widow's social security benefits denied entitlement where evidence revealed purported marriage to deceased consummated during interlocutory period of deceased's former divorce. McGuire v. Califano, 440 F.Supp. 1031 (D. Neb. 1977).
2. Void marriage, mental illness
In action to annul marriage, mental illness of party was not of such nature as to render marriage void. Homan v. Homan, 181 Neb. 259, 147 N.W.2d 630 (1967).
Absolute inability to contract, insanity or idiocy, but not mental weakness alone, will make marriage void. Aldrich v. Steen, 71 Neb. 33, 98 N.W. 445 (1904).
3. Void marriage, related parties
Marriage in Iowa of first cousins, residents of Nebraska, is valid here. Staley v. State, 89 Neb. 701, 131 N.W. 1028 (1911).
4. Miscellaneous
Marriages are void under this section only if there existed at the time of marriage such a want of understanding as to render the party incapable of assenting thereto. Edmunds v. Edwards, 205 Neb. 255, 287 N.W.2d 420 (1980).
This section declares what marriages are void. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).
Structure Nebraska Revised Statutes
Chapter 42 - Households and Families
42-101 - Marriage a civil contract.
42-102 - Minimum age; affliction with venereal disease, disqualification.
42-103 - Marriages; when void.
42-104 - Solemnization; license; application; requirements.
42-105 - Marriage of minor; conditions upon which a license may be issued.
42-106 - License issued by county clerk; contents; marriage record; forms.
42-107 - License; issuance prohibited, when.
42-108 - Marriage ceremony; who may perform; return; contents.
42-109 - Ceremony; requirements.
42-110 - Marriage certificate; provided to parties; form.
42-114 - Want of jurisdiction; marriage not void, when.
42-116 - Marriage certificate and record as evidence.
42-117 - Marriage contracted out of state; when valid.
42-118 - Marriages; when voidable.
42-201 - Wife's separate property; not available for husband or his debts; exception.
42-202 - Married woman; capacity to contract; same as married man.
42-203 - Married woman; capacity to carry on business; earnings.
42-204 - Married woman; marriage solemnized out of state; property rights.
42-205 - Sections, how construed.
42-206 - Debts of wife contracted before marriage; husband not liable.
42-207 - Married woman; not bound by covenant in joint deed.
42-341 - Decree of another jurisdiction; no force or effect; when.
42-342 - Residence; prima facie evidence.
42-343 - Sections, how construed.
42-345 - Decree of divorce; prior to August 27, 1951; validity.
42-346 - Decree of divorce; validity.
42-348 - Proceedings; where brought; transfer of proceedings; orders; how treated.
42-349 - Dissolution; action; conditions.
42-350 - Legal separation; amendment of pleadings; when.
42-351 - County or district court; jurisdiction.
42-352 - Proceedings; complaint; filing; service.
42-355 - Defendant; proper service or appearance.
42-357 - Temporary and ex parte orders; violation; penalty.
42-358.01 - Delinquent support order payments; records.
42-358.03 - Permanent child support payments; failure to pay; work release program.
42-358.04 - Delinquent permanent child support payments; remarriage; effect.
42-358.05 - Child or spousal support; performance of decree; court powers.
42-358.06 - Delinquent permanent child or spousal support payments; lien.
42-358.07 - Clerk of the district court; nonperformance of duties; removal from office.
42-358.08 - Information regarding absent parent; duty to furnish; enforcement.
42-359 - Applications for spousal support or alimony; financial statements.
42-360 - Reconciliation; transfer of action; when; counseling; costs.
42-361 - Marriage irretrievably broken; findings; decree issued without hearing; when.
42-361.01 - Legal separation; findings.
42-362 - Spouse mentally ill; guardian ad litem; attorney; appointment; order for support.
42-364.01 - Child support; withholding of earnings; court; powers.
42-364.02 - Child support; withholding of earnings; application; who may file.
42-364.03 - Child support; withholding of earnings; hearing notice; interrogatories.
42-364.04 - Child support; withholding of earnings; service of documents.
42-364.05 - Child support; withholding of earnings; court; jurisdiction.
42-364.06 - Child support; withholding of earnings; court order.
42-364.07 - Child support; withholding of earnings; attorney's fee.
42-364.08 - Child support; withholding of earnings; limitations.
42-364.09 - Child support; withholding of earnings; priority.
42-364.11 - Child support; withholding of earnings; terms, defined.
42-364.13 - Support order; requirements.
42-364.14 - Parent-employee; consent to withholding of earnings; procedure.
42-364.15 - Enforcement of parenting time, visitation, or other access orders; procedure; costs.
42-364.16 - Child support guidelines; establishment; use.
42-364.18 - Individuals with disabilities; legislative findings.
42-365 - Decree; alimony; division of property; criteria; modification; revocation; termination.
42-366 - Property settlements; effect; enforcement; modification.
42-367 - Temporary allowance; costs; payment.
42-368 - Decree of separation; support order; modification; revocation.
42-370 - Contempt proceedings; attorney's fees; costs.
42-372.01 - Decree; when final.
42-372.02 - Decree; assignment of real estate; affidavit and certificate; filing.
42-372.03 - Legal separation decree; application to set aside decree.
42-373 - Annulments; procedure.
42-374 - Annulment; conditions.
42-375 - Annulments; persons under disability; who may bring action; denial, when.
42-376 - Doubted marriage; procedure.
42-377 - Legitimacy of children.
42-378 - Nullity of marriage; procedure; costs.
42-380 - Restoration of former name; procedure.
42-381 - Minor child; rights of parents.
42-402 - Children; when deemed legitimate.
42-403 - Marriages and divorces; void, when unlawful.
42-404 - Marriages; how contracted.
42-405 - Divorces; how obtained.
42-406 - Bigamy; when; penalty.
42-407 - Marriages; record of county judge; legal and competent evidence.
42-408 - Sections, how construed.
42-501 - Mortgage; procedure for authorization; limitation.
42-502 - Complaint; verification; service; guardian ad litem; costs.
42-603 - Property acquired; presumption.
42-617 - Property acquired, definition.
42-618 - Receipt, management, control, and disposition of property.
42-619 - Claims; limitation; affidavit asserting ownership; filing and recording.
42-703 - Tribunal of this state; support enforcement agency.
42-704 - Remedies cumulative; applicability of act.
42-704.01 - Application of act to resident of foreign country and foreign support proceeding.
42-705 - Basis for jurisdiction over nonresident.
42-706 - Continuing personal jurisdiction.
42-707 - Initiating and responding tribunal of this state.
42-708 - Simultaneous proceedings.
42-709 - Continuing, exclusive jurisdiction.
42-710 - Enforcement of support order by tribunal having continuing jurisdiction.
42-711 - Recognition of controlling child support order.
42-712 - Child support orders for two or more obligees.
42-713 - Credits for payments.
42-713.01 - Application of act to nonresident subject to personal jurisdiction.
42-713.02 - Continuing, exclusive jurisdiction to modify spousal support order.
42-714 - Proceedings under the Uniform Interstate Family Support Act.
42-715 - Action by minor parent.
42-716 - Application of law of this state.
42-717 - Duties of initiating tribunal.
42-718 - Duties and powers of responding tribunal.
42-719 - Inappropriate tribunal.
42-720 - Duties of support enforcement agency.
42-721 - Attorney General; powers.
42-723 - Duties of state information agency.
42-724 - Pleadings and accompanying documents.
42-725 - Nondisclosure of information in exceptional circumstances.
42-727 - Limited immunity of petitioner.
42-728 - Nonparentage as defense.
42-729 - Special rules of evidence and procedure.
42-730 - Communications between tribunals.
42-731 - Assistance with discovery.
42-732 - Receipt and disbursement of payments.
42-733 - Establishment of support order.
42-733.01 - Proceeding to determine parentage.
42-734 - Employer's receipt of income withholding order of another state.
42-734.01 - Employer's compliance with income withholding order of another state.
42-734.02 - Compliance with two or more income withholding orders.
42-734.03 - Immunity from civil liability.
42-734.04 - Penalties for noncompliance.
42-734.05 - Contest by obligor.
42-735 - Administrative enforcement of orders.
42-736 - Registration of order for enforcement.
42-737 - Procedure to register order for enforcement.
42-738 - Effect of registration for enforcement.
42-740 - Notice of registration of order.
42-741 - Procedure to contest validity or enforcement of registered support order.
42-742 - Contest of registration or enforcement.
42-744 - Procedure to register child support order of another state for modification.
42-745 - Effect of registration for modification.
42-746 - Modification of child support order of another state.
42-747 - Recognition of order modified in another state; enforcement.
42-747.02 - Notice to issuing tribunal of modification.
42-747.03 - Jurisdiction to modify child support order of foreign country.
42-747.04 - Procedure to register child support order of foreign country for modification.
42-748.06 - Registration of Convention support order.
42-748.07 - Contest of registered Convention support order.
42-748.08 - Recognition and enforcement of registered Convention support order.
42-748.09 - Partial enforcement.
42-748.10 - Foreign support agreement.
42-748.11 - Modification of Convention child support order.
42-748.12 - Personal information; limit on use.
42-748.13 - Record in original language; English translation.
42-749 - Grounds for rendition.
42-750 - Conditions of rendition.
42-751 - Uniformity of application and construction.
42-751.01 - Transitional provision.
42-801 - Purposes of sections.
42-803 - Applicability of law.
42-804 - County court and district court; jurisdiction.
42-805 - Designation of judge.
42-807 - Acting judge; appointment.
42-810 - Hearings; conferences; files; confidentiality.
42-811 - Controversy between spouses; jurisdiction of court.
42-812 - Petition; filing; effect.
42-815 - Forms; furnished by county; petitions; complaints; refer to court.
42-817 - Petition; hearing; notice; citation; compel attendance of witnesses.
42-818 - Hearing; time; place; objection; effect.
42-820 - Hearing; orders; effect; reconciliation agreement.
42-823 - Application for proceedings; minor child not involved; jurisdiction.
42-904 - Department; programs and services; duties.
42-905 - Comprehensive support services; enumerated.
42-906 - Support services; to whom provided.
42-907 - Emergency services; enumerated.
42-908 - Department; victim; diagnostic assessment; referral; followup.
42-909 - Department; victim; provide support services; plan of action.
42-910 - Department; services for children; enumerated.
42-911 - Department; victims; provide resource information.
42-912 - Department; develop client feedback; collect statistical data.
42-913 - Department; person who commits domestic abuse; programs and services.
42-914 - Department; domestic violence; develop educational curriculum.
42-915 - Department; families; develop community support systems.
42-916 - Department; family program; prevent generational continuation of abuse.
42-917 - Delivery of services; cooperation; coordination of programs.
42-918 - Contact with victims of spouse abuse and families; confidentiality; violation; penalty.
42-919 - Programs; administered independent of welfare assistance programs.
42-920 - Department; contract for services.
42-921 - Department; power to accept gifts, grants, devises, and bequests; use.
42-922 - Department; adopt rules and regulations.
42-924.01 - Protection order; filed, issued, and served without payment of costs; when.
42-924.02 - Protection order; forms provided; State Court Administrator; duties.
42-924.03 - Protection order granted to respondent; when.
42-927 - Law enforcement agencies; education and training programs.
42-928 - Protection order; restraining order; violation; arrest, when.
42-929 - Arrest; peace officer; duties; conditions of release.
42-931 - Foreign protection order; enforcement.
42-934 - Judicial enforcement of order.
42-935 - Nonjudicial enforcement of order.
42-936 - Registration of order.
42-939 - Uniformity of application and construction.
42-940 - Applicability of act.
42-1007 - Enforcement; void marriage.
42-1008 - Limitation of actions.
42-1009 - Application and construction.
42-1011 - Time of taking effect.
42-1103 - Qualified domestic relations order; requirements.
42-1104 - Order; payment of benefits; alternate payee.
42-1105 - Order; form of benefit payment.
42-1106 - Death of alternate payee; effect.
42-1107 - Order; surviving spouse; payment option.
42-1108 - Order; alternate payee; file with board; notice.
42-1109 - Rules and regulations.
42-1110 - Qualified domestic relations order; how determined; procedure.
42-1111 - Director; separate accounting required; when; investment authority.
42-1112 - Order filed prior to July 19, 1996; applicability.
42-1205 - Certification; forfeiture or cancellation; when.
42-1206 - Address or substitute address; use; when.
42-1207 - Early voting; authorized.
42-1208 - Secretary of State; use of substitute address; exceptions.
42-1209 - Program participants; application assistance.
42-1210 - Rules and regulations.
42-1301 - Transferred to section 30-701.
42-1302 - Transferred to section 30-702.