Getting Married in Nebraska: Legal Requirements and Process
Getting married in Nebraska requires obtaining a marriage license from a county clerk's office, which is valid for one year from issuance. Nebraska has no waiting period after receiving your license, but you'll need to provide identification, pay a fee (typically $25-$40), and may need to show proof of divorce or death certificate if previously married.
Marriage licenses in Nebraska are valid statewide, but requirements can vary slightly by county, so check with your specific county clerk's office before applying. Same-sex marriage is legal throughout Nebraska, and the state does not require blood tests or residency requirements for marriage licenses.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Nebraska Marriage License Requirements
In Nebraska, couples must obtain a marriage license before getting married. Both parties must appear in person at the county clerk's office, provide valid identification, and pay the required fee (typically $25-50). There is no waiting period after receiving the license, and it remains valid for one year from the date of issuance.
Age Requirements for Marriage in Nebraska
Nebraska law requires both parties to be at least 19 years old to marry without parental consent. Individuals who are 17-18 years old may marry with the consent of a parent or guardian. Nebraska does not permit marriage for anyone under 17 years of age under any circumstances.
Marriage Ceremony Requirements
Nebraska recognizes marriages performed by various officials including judges, retired judges, clerks of the district court, and ordained ministers. The ceremony must include a declaration by the parties that they take each other as husband and wife, made in the presence of the officiant and at least two witnesses who are at least 19 years old.
Marriage Certificate Filing
After the ceremony, the officiant must complete the marriage certificate and return it to the county clerk within 15 days. This official filing is necessary to create a legal record of the marriage. Couples should request certified copies of their marriage certificate for legal purposes such as name changes.
Nebraska Property Rights in Marriage
Nebraska is not a community property state but follows equitable distribution laws. This means that property acquired during marriage is not automatically split 50/50 in case of divorce, but rather divided in a manner the court deems fair. Understanding these property implications before marriage can help couples make informed decisions about prenuptial agreements.
Regional Variances
Marriage License Requirements in Nebraska
Douglas County (including Omaha) requires both parties to appear in person at the County Clerk's office. The marriage license fee is $25. There is no waiting period after receiving the license, and it is valid for one year from issuance.
Lancaster County (including Lincoln) requires both applicants to appear together with valid ID. The fee is $25, and the license is valid for one year. No blood tests or waiting periods are required.
In Sarpy County, couples must apply in person with valid photo ID. The fee is $25, and the license is valid for one year. Marriage ceremonies can be performed by the county judge for an additional fee.
Hall County requires both parties to appear in person with government-issued photo ID. The license fee is $25. No waiting period is required, and the license is valid for one year.
Buffalo County requires both applicants to appear in person at the County Clerk's office with valid identification. The fee is $25, and the license is valid for one year from the date of issuance.
Marriage Age Requirements
In Nebraska, the legal age to marry without parental consent is 19. Individuals who are 17-18 years old may marry with parental/guardian consent. Nebraska law prohibits marriage for anyone under 17 years of age.
Native American Tribal Jurisdictions
Marriages performed on Omaha Tribal lands follow tribal laws and customs, which may differ from state requirements. Couples should check with tribal authorities for specific requirements.
The Winnebago Tribe has its own marriage requirements and procedures. Marriages performed under tribal authority may have different documentation requirements than those performed under state law.
Same-Sex Marriage
Same-sex marriage is legal throughout Nebraska following the 2015 U.S. Supreme Court decision in Obergefell v. Hodges. All counties must issue marriage licenses to same-sex couples under the same terms and conditions as opposite-sex couples.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Nebraska, both parties must appear together at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.), proof of age (you must be at least 19, or 17-18 with parental consent), and your Social Security numbers. The fee is typically $25. There is a 1-day waiting period after application before the license can be issued, and the license is valid for one year from issuance date.
Complete Marriage License Application
30-60 days before wedding days after startingFill out the marriage license application form with accurate information about both parties. This includes full legal names, dates of birth, current addresses, parents' names and birthplaces, and information about any previous marriages. Both parties must sign the application in the presence of the county clerk.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities during marriage. In Nebraska, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Nebraska law.
Update or Create a Will
30-60 days after wedding days after startingMarriage automatically revokes a previously existing will in Nebraska unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate planning as desired. Nebraska law provides that a surviving spouse is entitled to a portion of the deceased spouse's estate regardless of what a will states.
Create a Healthcare Power of Attorney
30-60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Nebraska, this document must be signed in the presence of a notary public or two witnesses who are not related to you by blood or marriage and are not your healthcare providers.
Create a Durable Power of Attorney
30-60 days after wedding days after startingThis document allows your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Nebraska, this document must be signed before a notary public to be valid. Consider including specific powers you want to grant, such as real estate transactions, banking, tax matters, etc.
Update Beneficiary Designation Forms
30-60 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in Nebraska, so you must update them manually to include your spouse if desired.
Apply for Name Change (if applicable)
30-90 days after wedding days after startingIf either spouse wishes to change their last name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In Nebraska, you can use your marriage certificate as proof of name change without filing a separate court petition, but you must follow each agency's specific procedures.
Set Up Joint Bank Accounts (if desired)
30-90 days after wedding days after startingWhile not legally required, many married couples choose to establish joint bank accounts. Visit your financial institution with your spouse and bring identification documents and your marriage certificate. Be aware that in joint accounts, both parties have equal access to funds regardless of who deposited them.
Update Health Insurance Coverage
30-60 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment periods. In Nebraska, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and documentation required.
Update Tax Filing Status
By next tax filing deadline days after startingYour marital status on December 31st determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your specific financial situation. Consider consulting with a tax professional to understand the implications of your new filing status under Nebraska and federal tax laws.
Update Address and Emergency Contact Information
30-60 days after wedding days after startingIf you're moving in together after marriage, update your address with the USPS, DMV, voter registration, banks, employers, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Nebraska, both parties must appear together at the county clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.), proof of age (you must be at least 19, or 17-18 with parental consent), and your Social Security numbers. The fee is typically $25. There is a 1-day waiting period after application before the license can be issued, and the license is valid for one year from issuance date. | - | 30-60 days before wedding |
| Complete Marriage License Application | Fill out the marriage license application form with accurate information about both parties. This includes full legal names, dates of birth, current addresses, parents' names and birthplaces, and information about any previous marriages. Both parties must sign the application in the presence of the county clerk. | Marriage License Application | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities during marriage. In Nebraska, prenuptial agreements must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Nebraska law. | Prenuptial Agreement | 90-120 days before wedding |
| Update or Create a Will | Marriage automatically revokes a previously existing will in Nebraska unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate planning as desired. Nebraska law provides that a surviving spouse is entitled to a portion of the deceased spouse's estate regardless of what a will states. | Updated Will | 30-60 days after wedding |
| Create a Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Nebraska, this document must be signed in the presence of a notary public or two witnesses who are not related to you by blood or marriage and are not your healthcare providers. | Healthcare Power of Attorney | 30-60 days after wedding |
| Create a Durable Power of Attorney | This document allows your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Nebraska, this document must be signed before a notary public to be valid. Consider including specific powers you want to grant, such as real estate transactions, banking, tax matters, etc. | Durable Power of Attorney | 30-60 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in Nebraska, so you must update them manually to include your spouse if desired. | Beneficiary Designation Forms | 30-60 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their last name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In Nebraska, you can use your marriage certificate as proof of name change without filing a separate court petition, but you must follow each agency's specific procedures. | Name Change Application | 30-90 days after wedding |
| Set Up Joint Bank Accounts (if desired) | While not legally required, many married couples choose to establish joint bank accounts. Visit your financial institution with your spouse and bring identification documents and your marriage certificate. Be aware that in joint accounts, both parties have equal access to funds regardless of who deposited them. | Joint Bank Account Application | 30-90 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment periods. In Nebraska, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department to understand the specific process and documentation required. | Health Insurance Coverage Change Form | 30-60 days after wedding |
| Update Tax Filing Status | Your marital status on December 31st determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your specific financial situation. Consider consulting with a tax professional to understand the implications of your new filing status under Nebraska and federal tax laws. | - | By next tax filing deadline |
| Update Address and Emergency Contact Information | If you're moving in together after marriage, update your address with the USPS, DMV, voter registration, banks, employers, and other important entities. Also update emergency contact information with employers, doctors, and other relevant organizations to include your spouse. | - | 30-60 days after wedding |
Frequently Asked Questions
In Nebraska, you must be at least 19 years old to marry without parental consent (17-18 requires parental consent). Both parties must apply for a marriage license in person at a county clerk's office, present valid identification, and pay a fee (typically $25-50). There is no blood test requirement. The license is valid for one year from issuance, and the marriage must be solemnized by an authorized person such as a judge, retired judge, clerk magistrate, or ordained clergy member.
No, Nebraska does not have a mandatory waiting period for marriage licenses. Once you apply and receive your license, you can get married immediately. However, the license is valid for one year from the date of issuance, so you must have your ceremony within that timeframe.
Yes, Nebraska law requires at least two witnesses to be present at your marriage ceremony. These witnesses must be competent adults who can understand and attest to the fact that the marriage took place. They will need to sign your marriage certificate along with the officiant.
Yes, but they must be legally authorized. In Nebraska, a friend or family member can officiate your wedding if they become ordained through an established religious organization. Many people get ordained online for this purpose. Alternatively, marriages can be performed by judges, retired judges, clerk magistrates, or ordained clergy members. The officiant must be recognized by the state to make the marriage legally valid.
Nebraska is not a community property state; it follows equitable distribution laws. This means property acquired during marriage isn't automatically considered jointly owned 50/50. However, marriage does create certain property rights. Without a prenuptial agreement, property acquired during marriage could be subject to equitable division in case of divorce. Consider consulting with a family law attorney if you have significant assets or concerns about property rights.
Name changes after marriage are optional in Nebraska, not mandatory. If you choose to change your name, you can use your marriage certificate as legal proof to update your Social Security card first, then your driver's license, passport, and other documents. The process typically involves visiting or contacting multiple government agencies. You're free to keep your original name, take your spouse's name, hyphenate, or create a new combined name.
Yes, prenuptial agreements (prenups) are generally enforceable in Nebraska if they meet certain requirements. The agreement must be in writing, signed by both parties, entered into voluntarily, and include full financial disclosure. It cannot be unconscionable (extremely unfair) or violate public policy. For maximum enforceability, each party should have independent legal counsel review the agreement before signing. Nebraska courts may scrutinize prenups carefully, especially provisions regarding child custody or support.
A marriage license is the document you obtain before your wedding that gives you legal permission to marry. In Nebraska, you apply for this at the county clerk's office. After your ceremony, the officiant completes the license and returns it to the county clerk. The marriage certificate is the official document issued after your ceremony that proves you're legally married. You'll need certified copies of this certificate for name changes, insurance updates, and other legal matters.