Common Law Marriage in Nebraska: Legal Requirements and Exceptions

A couple who live together and present themselves as married without having a formal ceremony or obtaining a marriage license is referred to as being in a common law marriage.

With a few exceptions, Nebraska does not recognize common law marriage, even though other states still accept these kinds of partnerships as legally binding unions.

What you need know about Nebraska’s common law marriage laws is provided here.

Is Nebraska Legal for Common Law Marriages?

No, Nebraska does not recognize common law marriage. To be deemed legally married, a couple must obtain a marriage license from the state and take part in a ceremony conducted by a person permitted by Nebraska law.

According to Nebraska law, residing together for any length of time—even decades—does not constitute a marriage.

Common law marriages outside of the state are an exception

Nebraska recognizes legitimate common law marriages formed in other states, even if it forbids couples from getting married under common law within the state.

Accordingly, if a couple got married under common law in a state where it’s permitted (such Texas, Iowa, or Colorado), Nebraska will recognize that marriage as lawful as long as it complies with all of the original state’s standards.

Nebraska’s Legal Marriage Requirements

In order for a couple to lawfully wed in Nebraska, they must:

• be at least 17 (with parental approval); if not, both parties must be at least 19.
• Get a marriage license from the county clerk in Nebraska.
• Have a minister, judge, or other authorized officiant perform the marriage ceremony.
• Attend the ceremony with a minimum of two witnesses.
• The marriage is not deemed legally recognized if these conditions are not fulfilled.

Cohabitation Agreements and Domestic Partnerships

Despite Nebraska’s ban on common law marriage, unmarried couples can nonetheless legally protect themselves by:

• Cohabitation agreements are formal contracts that specify how property will be divided, how money will be handled, and other details.
• Powers of Attorney: Legal documents that provide one partner the authority to decide on the other’s financial or medical care.
• Beneficiary Designations: Putting each other’s names on retirement accounts, wills, or life insurance.
• Unmarried couples frequently use these legal mechanisms to create privileges that are comparable to those that come with marriage.

The Significance of It

Couples who live together but do not get married should be aware of Nebraska’s position on common law marriage. Unless preemptive legal measures were taken, the surviving or separating partner may not enjoy the same legal protections as spouses in the event of a relationship ending or one partner’s death.

Conclusion

Although common law marriages are not permitted in Nebraska, they will be recognized if they are formed in another state that does.

It’s crucial to think about legal planning to safeguard your rights if you decide not to be married while in a committed relationship.

If you have any questions about your particular case, it is advised that you speak with a Nebraska family law lawyer.

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