Marriage ceremony; who may perform; return; contents.

1. Law
2. Nebraska Revised Statutes
3. Households and Families
4. Marriage ceremony; who may perform; return; contents.

42-108. Marriage ceremony; who may perform; return; contents.

Every judge, retired judge, clerk magistrate, or retired clerk magistrate, and every preacher of the gospel authorized by the usages of the church to which he or she belongs to solemnize marriages, may perform the marriage ceremony in this state. Every such person performing the marriage ceremony shall make a return of his or her proceedings in the premises, showing the names and residences of at least two witnesses who were present at such marriage. The return shall be made to the county clerk who issued the license within fifteen days after such marriage has been performed. The county clerk shall record the return or cause it to be recorded in the same book where the marriage license is recorded.

Source

• R.S.1866, c. 34, § 8, p. 255;
• Laws 1869, § 2, p. 168;
• R.S.1913, § 1547;
• C.S.1922, § 1496;
• Laws 1927, c. 77, § 1, p. 242;
• C.S.1929, § 42-108;
• R.S.1943, § 42-108;
• Laws 1951, c. 124, § 1, p. 542;
• Laws 1971, LB 42, § 2;
• Laws 1972, LB 1032, § 249;
• Laws 1973, LB 226, § 28;
• Laws 1981, LB 55, § 1;
• Laws 1986, LB 525, § 8;
• Laws 2006, LB 1115, § 28.

Annotations

• While certain named classes of persons and officials are authorized to perform the marriage ceremony, they are not the only persons that have that authority. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932).

• Performance of ceremony is not obligatory on clergyman or judges. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).

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