Nebraska Statutes 42-105. Marriage of minor; conditions upon which a license may be issued
When either party is a minor, no license shall be granted without the written consent under oath of: (1) Either one of the parents of such minor, if the parents are living together; (2) the parent having the legal custody of such minor, if the parents are living separate and apart from each other; (3) the surviving parent, if one of the parents of such minor is deceased; or (4) the guardian, conservator, or person under whose care and government such minor may be, if both parents of such minor are deceased or if such guardian, conservator, or person has the legal and actual custody of such minor. The county clerk shall be justified in issuing the license, without further proof, upon receiving an affidavit setting forth the facts with reference to the conditions above specified and giving consent to the marriage, signed by the person authorized to give written consent under such circumstances.
Source
- R.S.1866, c. 34, § 5, p. 254;
- R.S.1913, §§ 1543, 1544;
- C.S.1922, §§ 1492, 1493;
- Laws 1923, c. 40, § 2, p. 154;
- Laws 1925, c. 84, § 1, p. 261;
- C.S.1929, §§ 42-104, 42-105;
- R.S.1943, § 42-105;
- Laws 1945, c. 99, § 1, p. 327;
- Laws 1975, LB 481, § 28;
- Laws 1986, LB 525, § 5.
Terms Used In Nebraska Statutes 42-105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801