Family laws in Nebraska govern important matters like marriage, divorce, and child care. These laws exist to protect the rights of all family members and to ensure fair solutions for families in different situations.
If you have any questions about Nebraska’s family laws, especially regarding marriage, divorce, or foster care, it’s helpful to consult legal resources or a family law attorney for guidance.
Nebraska Marriage Laws
In Nebraska, marriage is governed by state laws that establish clear guidelines for who can marry. These laws are designed to protect both individuals and families.
However, some marriages are prohibited in Nebraska, and it’s important to know which ones are considered illegal under state law.
Prohibited Marriages in Nebraska
Nebraska law prohibits certain types of marriages for various reasons, including health, safety, and family structure. The following marriages are not allowed in the state:
- Underage Marriages: Anyone under the age of 19 cannot marry without parental consent. The minimum legal age for marriage is 17.
- Marriage Between Close Relatives: Marriages between family members are restricted. Specifically, marriage between first cousins is prohibited in Nebraska. This means that it is illegal to marry your cousin in the state.
- Bigamy and Polygamy: A person cannot marry someone if they are already legally married to another person. Bigamous (marrying multiple people at once) and polygamous marriages are illegal.
- Mental Competence: If either party in a marriage is mentally incompetent and cannot provide clear consent, the marriage is not allowed.
- Marriage Under Duress or Fraud: If someone is forced into a marriage or deceived into giving their consent, the marriage is considered invalid.
If any of these prohibited marriages happen, they may be considered void by a court. This means the marriage never happened legally and can be annulled.
Foster Care in Nebraska
In Nebraska, foster care is different from adoption. It is a temporary placement for children until they can either be reunified with their birth parents or adopted by their foster family. The birth parents’ rights are not terminated unless a court decides reunification is not in the best interest of the child.
To become a foster parent in Nebraska, you must be at least 19 years old and undergo a home study, which includes background checks, interviews, and home inspections by the Nebraska Department of Health and Human Services.
Nebraska No-Fault Divorce
Nebraska allows for no-fault divorce, meaning that you don’t need to prove wrongdoing or fault to end a marriage. Instead, you just need to show that the marriage has irretrievably broken down due to fundamental disagreements or disharmony.
This makes the divorce process simpler, as the court does not need to assign blame. However, the court can still consider fault when making decisions about things like child custody, child support, and visitation rights.
