The Age of Consent: Getting Married as a Minor in Nebraska
A breakdown of Statute 42-102: Minimum ages, notarized forms, and legal rights
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In Nebraska, the short answer is yes. If you are under the age of 18, you cannot legally marry without parental consent. However, Nebraska’s laws regarding marriage and the "age of majority" are unique compared to most other U.S. states, creating a higher threshold for independence.
The Age of Majority in Nebraska
To understand marriage requirements in Nebraska, one must first understand that the state is one of only two in the country (the other being Mississippi) where the legal age of majority is 19, not 18. Under Nebraska Revised Statute 43-2101, individuals are considered minors until they reach their 19th birthday.
Because of this, the requirement for parental consent actually extends beyond the 18th birthday. In Nebraska, any person who is 17 or 18 years old is required to obtain written, notarized consent from a parent or legal guardian to receive a marriage license.
The Absolute Minimum Age
While many states allow marriage at younger ages under extreme circumstances (such as pregnancy or judicial approval), Nebraska maintains a strict "floor." According to Nebraska Revised Statute 42-102, the absolute minimum age to marry is 17. No person under the age of 17 can be legally married in the state, even with parental permission or a court order.
Documentation and Consent Requirements
When a 17- or 18-year-old applies for a marriage license, the process involves specific bureaucratic steps to ensure the consent is valid:
Notarized Consent: The parent or legal guardian must sign a "Consent to Minor’s Marriage" form. This signature must be witnessed and sealed by a notary public.
Custody Rules: If the minor’s parents are living together, only one signature is typically required. However, if the parents are divorced, the parent with legal custody must be the one to sign. if the parents are separated but not divorced, many counties require signatures from both.
Proof of Age: Both parties must provide a birth certificate or a valid government-issued photo ID to verify they have met the minimum age of 17.
Legal Effects of Marriage on Minors
An interesting facet of Nebraska law is the "emancipation by marriage" rule. While a 17-year-old is legally a minor, the act of getting married immediately terminates their minority status. Once married, the individual is legally considered an adult with the right to enter into contracts, sue and be sued, and manage their own property, effectively bypassing the remaining time until their 19th birthday.
Summary of the Law
In summary, if you are 17 or 18 in Nebraska, you are legally required to have a parent’s blessing in the eyes of the court. Once you turn 19, you reach the state's age of majority and may marry of your own volition. If you are 16 or younger, marriage is not an option in the Cornhusker State under any circumstances.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
