Nebraska Annulment Laws: Grounds, Void Marriages and How to File

Nebraska allows annulment. Under Neb. Rev. Stat. 42-374, "A marriage may be annulled for any of the following causes": the marriage is prohibited by law, a spouse was impotent at the time of marriage, a spouse had another living spouse, or force or fraud. The case is brought the same way as a divorce, but the only residence requirement is that the person filing actually lives in the county where the complaint is filed (42-373).

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers annulment of marriage under Nebraska Revised Statutes 42-102, 42-103, 42-105, 42-118 and 42-373 to 42-380. It does not cover Nebraska case law, inheritance effects of an annulment, religious annulment, or other states' law. For ending a valid marriage, see Nebraska divorce laws.

Can you get an annulment in Nebraska?

Yes. Neb. Rev. Stat. 42-374 provides:

"A marriage may be annulled for any of the following causes: (1) The marriage between the parties is prohibited by law; (2) Either party is impotent at the time of marriage; (3) Either party had a spouse living at the time of marriage; or (4) Force or fraud."

Nebraska law also separates void marriages (42-103) from voidable ones (42-118). Both kinds are addressed through an annulment case, and the difference matters for what can block the case.

A separate section covers uncertainty: "When the validity of a marriage is doubted, either party may file a complaint and the court shall decree it annulled or affirmed according to the proof" (42-376).

Void and voidable marriages in Nebraska

Neb. Rev. Stat. 42-102 also provides that no person afflicted with a venereal disease shall marry in Nebraska; this page does not cover how courts treat a marriage entered in violation of that rule.

Void marriages

Neb. Rev. Stat. 42-103 provides that "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 as the statute lists. On the family relationships, the statute adds: "This subdivision extends to children and relatives born out of wedlock as well as those born in wedlock."

Voidable marriages

Neb. Rev. Stat. 42-118 provides:

"In case of a marriage solemnized when either of the parties is under the age of legal consent, if they shall separate during such nonage, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequently voluntary cohabitation of the parties, the marriage shall be deemed voidable."

Neb. Rev. Stat. 42-375 then sets the main bar for voidable marriages: "An annulment may not be decreed if the marriage is found to be voidable and the parties freely cohabited after the ground for annulment has terminated or become known to the innocent party."

So for a fraud claim, the timing of any continued, voluntary living together matters.

Impotence

Section 42-374(2) lists impotence "at the time of marriage" as a cause, but the statute does not say whether such a marriage is void or voidable. If a court treats it as voidable, the 42-375 cohabitation bar applies. A Nebraska lawyer can advise how the courts have treated this ground.

Who may file, and deadlines

The sections cited on this page do not set a fixed filing deadline for any annulment cause, and most do not name who may file. That does not mean no limit exists. Section 42-376 lets either party file when the validity of a marriage is doubted, and 42-375 provides that an action for a person under a disability may be brought by a parent or an adult next friend. Ask the court clerk or a Nebraska lawyer about timing and standing for a particular case.

Nebraska's marriage age rules

Neb. Rev. Stat. 42-102 sets the minimum age: "At the time of the marriage the male must be of the age of seventeen years or upward, and the female of the age of seventeen years or upward." A person under 19 is a minor (Neb. Rev. Stat. 43-2101), and under 42-105 a minor needs the written, sworn consent of a parent or guardian to obtain a marriage license.

The Source lines of 42-102 (last entry Laws 1978) and 42-105 (last entry Laws 1986) show no recent amendment to these age rules. A marriage involving a person under the age of legal consent is voidable under 42-118 as described above.

How to file for annulment in Nebraska

Neb. Rev. Stat. 42-373 provides:

"Actions for annulment of a marriage shall be brought in the same manner as actions for dissolution of marriage and shall be subject to all applicable provisions of sections 42-347 to 42-381 pertaining to dissolution of marriage, except that the only residence requirement shall be that the plaintiff is an actual resident of the county in which the complaint is filed."

That residence rule differs from divorce, where 42-349 generally requires one year of Nebraska residence (or residence since a Nebraska wedding). Because annulment uses the dissolution sections, the court has the same jurisdiction over custody and support of minor children, support of a spouse, property rights, costs and fees that it has in a divorce (42-351).

The Nebraska Judicial Branch self-help page for families and children is the official starting point for court resources. It lists divorce, child support and paternity materials; it does not list an annulment-specific page.

Children after an annulment

Neb. Rev. Stat. 42-377 provides: "Children born to the parties, or to either spouse, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-381 shall be legitimate unless otherwise decreed by the court, and in every case the legitimacy of all children conceived before the commencement of the suit shall be presumed until the contrary is shown." For parenting arrangements, see Nebraska child custody laws.

Property, support and the good-faith spouse

Nebraska protects a spouse who entered the marriage in good faith. Neb. Rev. Stat. 42-378 provides:

"When the court finds that a party entered into the contract of marriage in good faith supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree and the court may order such innocent party compensated as in the case of dissolution of marriage, including an award for costs and attorney fees."

This page does not cover how Nebraska courts divide property or award support in an annulment where 42-378 does not apply, or how an annulment affects inheritance.

Restoring a former name

Under Neb. Rev. Stat. 42-380(1), in an annulment action "either the plaintiff or the defendant may include a request to restore his or her former name. The court shall grant such request except for good cause shown." The name change takes effect on the date of the decree.

Religious annulment

A religious annulment and a court annulment are separate processes. A religious decision does not by itself change civil marital status, and a court decree does not decide religious status.

Annulment versus divorce in Nebraska

An annulment rests on a defect at the time of the marriage under 42-103, 42-118 or 42-374. A dissolution ends a valid marriage on a finding that it is irretrievably broken (42-361), and it carries the residence requirement in 42-349 (generally one year in Nebraska, or residence since a Nebraska wedding). If none of the annulment causes applies, or cohabitation has barred a voidable claim, dissolution is the usual route; see Nebraska divorce laws.

Disclaimer: This article provides general legal information about annulment under Nebraska law, mainly Neb. Rev. Stat. 42-103, 42-118 and 42-373 to 42-380. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Nebraska or use the Nebraska Judicial Branch self-help resources.

Related

• Annulment laws in every state
• Nebraska divorce laws
• Nebraska common-law marriage
• Nebraska marriage and divorce records
• Nebraska child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in Nebraska?

Neb. Rev. Stat. 42-374 lists four causes: the marriage is prohibited by law, a spouse was impotent at the time of marriage, a spouse had another spouse living, or force or fraud.

Do I have to live in Nebraska for a year to get an annulment?

Under 42-373, the only residence requirement for annulment is that the plaintiff is an actual resident of the county where the complaint is filed. The residence rule in 42-349 (generally one year in Nebraska, or residence since a Nebraska wedding) applies to dissolution.

Can I annul a Nebraska marriage for fraud?

Yes, fraud is a cause under 42-374(4), and a marriage where consent was obtained by fraud is voidable under 42-118. The annulment is barred if the spouses freely lived together after the fraud became known to the innocent spouse (42-375).

Is there a time limit for annulment in Nebraska?

The sections cited on this page do not set a fixed deadline, but for a voidable marriage, freely living together after the ground ended or became known bars the annulment (42-375). Ask a Nebraska lawyer about timing in a specific case.

Are children legitimate after an annulment in Nebraska?

Yes, unless the court decrees otherwise. Under 42-377, children born in a marriage that may be annulled are legitimate, and children conceived before the suit began are presumed legitimate until the contrary is shown.

Can I get alimony or property after an annulment in Nebraska?

If the court finds you married in good faith believing the other spouse could marry, it may order you compensated as in a dissolution, including costs and attorney fees (42-378).

Is a marriage between first cousins void in Nebraska?

Under 42-103(3), a marriage between first cousins of the whole blood is void.