The marriage age in Nebraska is 19 without any consent or permission. If you’re 17 or 18, you can still marry, but only with sworn written consent from a parent or guardian. No one under 17 can legally marry in Nebraska, and no judge can waive that floor.1Nebraska Legislature. Nebraska Code 42-102 – Minimum Age
Marrying on Your Own at 19
Nebraska’s age of majority is 19, not 18 like most states. Once you reach 19, you’re a legal adult for purposes of entering a marriage contract and can apply for a license without anyone else’s involvement.2Justia. Nebraska Code 43-2101 – Persons Declared Minors; Marriage, Effect You and your partner show up together at any county clerk’s office, prove your identity and age, and apply.
There is one wrinkle that cuts the other way: if you marry at 17 or 18 with proper consent, your legal minority ends on the day of the marriage. The marriage itself makes you an adult under Nebraska law.2Justia. Nebraska Code 43-2101 – Persons Declared Minors; Marriage, Effect
Marrying at 17 or 18 With Parental Consent
At 17 or 18, Nebraska requires written consent given under oath from a parent or guardian. The statute names exactly who can sign depending on the family situation:3Nebraska Legislature. Nebraska Code 42-105 – Marriage of Minor; Consent Required
- If the parents live together, either parent can sign.
- If the parents live apart, the parent with legal custody must sign.
- If one parent has died, the surviving parent signs.
- If both parents have died, a guardian, conservator, or the person with legal and actual custody of the minor signs.
The county clerk issues the license after receiving a signed, sworn affidavit from the authorized person that lays out the facts and grants consent.3Nebraska Legislature. Nebraska Code 42-105 – Marriage of Minor; Consent Required In practice, many county clerks ask the consenting parent or guardian to appear in person, so call the office in advance and ask how they want the affidavit handled.
The Hard Floor: 17
Both parties must be at least 17 at the time of the marriage. Nebraska law allows no exceptions. There is no judicial approval route, no pregnancy exception, and no family-circumstance waiver.1Nebraska Legislature. Nebraska Code 42-102 – Minimum Age A county clerk cannot issue a license to anyone under 17 regardless of what paperwork a parent is willing to sign.
Proving Your Age at the Clerk’s Office
Because age is the gatekeeping question, every applicant must document it. You and your partner both appear together, in person, at any county clerk’s office in the state, and you’ll each need:
- A valid state-issued photo ID: driver’s license, state ID card, or passport.
- A certified copy of your birth certificate. If it’s from a foreign country, bring the original plus a notarized English translation.
- Your Social Security card, or an affidavit if you don’t have a number.4Butler County. Marriage Licenses
The application asks each person for full name, residence, and place and date of birth, all sworn under oath.5Nebraska Legislature. Nebraska Code 42-104 – Marriage License Requirements The license fee is typically $25. Nebraska has no waiting period and no blood test, so the license is issued the same day and stays valid for one year anywhere in the state.6Polk County. Marriage License Information
Two Things That Catch People Off Guard
Nebraska does not recognize common-law marriage. Reaching the right age and living together is not enough; every marriage requires a license and a ceremony performed by an authorized officiant.7Nebraska Legislature. Nebraska Code 42-104 – Marriage License Requirements
If you were previously married and divorced in Nebraska, age alone doesn’t clear you to remarry. You cannot marry anyone other than your former spouse until six months have passed from the date the judge signed the divorce decree and it was filed with the district court clerk.8Sarpy County, Nebraska. Frequently Asked Questions – Marriage Licenses If the divorce happened in another state, that state’s waiting period may apply instead.9Social Security Administration. GN 00305.165 – Summaries of State Laws on Divorce and Remarriage