42-117. Marriage contracted out of state; when valid.

289 words·~1 min read·/ne/chapter-42/42-117

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

If Texas law applied to a situation where a Nebraska marriage license was obtained but the solemnization occurred in Texas, and if Texas would recognize the marriage as valid, then Nebraska would also recognize the marriage as valid. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).

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).

If a marriage is valid where it was contracted, it will be held to be valid everywhere, and if invalid by lex loci contractus, it will be invalid wherever question may arise. Nelson v. Richardson-Nelson, 30 Neb. App. 15, 964 N.W.2d 463 (2021).