Understanding Marriage Annulment in Nebraska

Nebraska refers to marriage annulment as a legal process that terminates marriages deemed invalid. A Nebraska Marriage record becomes void or voidable in Nebraska if it infringes the state's marital union rules. Similar to divorce, annulment ends marriages. However, while divorce is the dissolution of a legal marriage, annulments terminate marriages that were invalid from inception. This action legally dissolves a marriage and treats it as if it never existed.

The core legal purposes for marriage annulment in Nebraska are to:

• Declare an invalid marriage void or voidable
• Protect individuals who entered a marriage under improper conditions
• Restore individuals involved in unlawful marriages to their unmarried status
• Prevent future legal complications by clarifying legal relationships and protecting against problems involving issues such as:
  • Spousal benefits
  • Inheritance
  • Marital debts
  • Property rights
  • Tax filing status
  • Future marriage eligibility
• Correct public records to show that a marriage should never have been recognized.

In Nebraska, either party to a void or voidable marriage can instigate annulment actions. For persons under disability, § 42-375 of the Nebraska Revised Statutes grants the parents and adult next friends the right to petition for annulment on their behalf.

Grounds for Annulment in Nebraska

According to Section 42-374 of the Nebraska Revised Statutes, a marriage is void by law if:

• The law prohibits the union
• Either party to the marriage committed bigamy
• A spouse cannot consummate the marriage and hides it from the partner
• The spouses are close relatives. For instance, marriages involving:
  • Parents and their offspring
  • Siblings
  • First cousins
• A partner in the marriage was mentally incapacitated at the time of the marriage.

Under § 42-118 of the Nebraska Revised Statutes, a marriage is voidable if:

• One party was under the legal age of consent, and the spouses do not cohabit after the marriage
• The consent to the marriage was obtained by force or fraud, and there was no subsequent voluntary cohabitation after the fraud or force became known.

Additionally, Nebraska Legislative Bill 882 (LB 882) stipulates that a marriage also becomes voidable if a partner in the marriage has an undisclosed sexually transmitted disease at the time of marriage.

Eligibility Requirements for an Annulment in Nebraska

Either partner in a void or voidable marriage in Nebraska can petition the court for annulment. For individuals who lack the mental capacity to act on their own, § 42-375 of the Nebraska Revised Statutes grants their parents or adult next friends the right to petition for annulments on their behalf.

Residency and Time Limits

Nebraska does not impose a minimum residency period for marriage annulment. However, at least one of the spouses must be a resident in Nebraska at the time of the annulment action, or the marriage must have been contracted in Nebraska.

While Nebraska does not have time limits for petitioning for the annulment of void or voidable marriages, a voidable marriage is no longer eligible for annulment if:

• The innocent spouse continues to live with the other spouse after learning of the fraud, force, or incapacity
• A minor spouse continues to cohabitate with their partner after turning legal age.

Scope and Recognition

Under Nebraska's law, annulment focuses only on active marriages; it does not apply to marriages that ended through divorce or death. Voidable marriages that have been ratified by continued voluntary cohabitation after discovering the offenses do not qualify for annulment. Additionally, Nebraska only recognizes civil annulments through the District Courts. Religious annulments are separate and optional, have no legal effects, and do not change the marital status of the involved parties.

How to Get a Marriage Annulled in Nebraska

Marriage annulment in Nebraska typically involves petitioning the District Court with jurisdiction to declare a marriage null and void. While each Nebraska county may have slight administrative differences, the marriage annulment process follows the same sequence. Individuals who seek marriage annulments in Nebraska can follow the guidelines below:

• Confirm eligibility and ensure that the marriage qualifies for annulment under Nebraska's void and voidable marriage laws
• Determine the District Court that has jurisdiction over the specific marriage annulment
• Prepare and file the annulment petition. The petition should specify:
  • The names and addresses of both spouses
  • Date and location of the marriage
  • The specific legal ground for annulment
  • Whether there are children involved
  • Requests for relief (if applicable). For instance, custody, support, joint property, or name change
• Pay all applicable filing fees or request a waiver if eligible
• Serve the other spouse with the petition and the summons from the court. The service process should be formal, either through the Sheriff, a private process server, or certified mail if permitted
• Attend preliminary court hearings (if needed); depending on the complexity of the case, the court may schedule one
• Present evidence supporting the grounds for annulment
• The court will schedule a final hearing to review evidence and determine if the marriage qualifies for annulment. During the hearing, the court may also resolve related issues such as:
  • Child custody and support
  • Parenting time arrangements
  • Property or financial matters. If there are legal grounds for annulment, the judge will issue a decree of annulment, which terminates the marriage and restores the involved parties to their pre-marriage status.

Required Forms and Documentation for an Annulment in Nebraska

A petition for marriage annulment in Nebraska requires several forms and documentation. The table outlines the various forms that may be necessary for annulment actions and proceedings in Nebraska.

In Nebraska, annulment forms can be downloaded from the Nebraska Judicial Branch's Master Forms List Webpage. District Court clerk’s offices may also post local forms for marriage annulments on their websites. Notwithstanding, if the specific Annulment Petition is not available as a fill-in form, petitioners can model or adapt a divorce for annulment purposes.

Where to File for an Annulment in Nebraska

In Nebraska, the District Courts have jurisdiction over annulment cases. Any individual who seeks to annul a marriage in Nebraska must file a petition in the Family Division of the District Court in the County where either spouse lives. Under Nebraska law, at least one of the spouses must reside in the state or the marriage must be conducted in Nebraska for it to be eligible for annulment within the state's District Courts. Petitioners are also required to follow local court rules when filing petitions for annulment of marriage.

Annulment Timelines and Waiting Periods in Nebraska

Unlike states that impose waiting periods for annulments, Nebraska does not have a mandatory waiting period before it grants an annulment. Generally, marriage annulments can proceed faster than most divorce cases. However, the timeline for annulment depends on factors such as:

• The complexity of the case
• Whether the case is contested or uncontested
• Court scheduling and backlogs
• Proper filing and documentation.

Nonetheless, to speed up an annulment proceeding, the petitioner should:

• File complete and accurate petitions with all required documentation
• Ensure proper service of the respondent to avoid delays
• Seek an uncontested resolution when possible to reduce the number of hearings
• Check the local court rules for county-specific procedures that may streamline processing.

Costs and Court Fees for an Annulment in Nebraska

While Nebraska does not have uniform statewide fees for annulment action, the petition fees for annulment in the state may range from $150.00 to $200.00. These costs exclude attorney fees, which can range from $ 1,000 to over $ 3,000, depending on the case complexity. In addition, petitioners must cover other costs, including:

• Service of Process fees, which can cost around $20.00 to over $50.00, depending on the method (For instance, Sheriff or private server)
• Publication or alternative service fees if the respondent cannot be found (this may cost between $60.00 and $80.00)
• Fees for copies, certified copies, and the court reporter.

However, individuals who lack the financial capabilities to pay their filing fees can submit the Affidavit and Application to Proceed Without Payment of Fees (In Forma Pauperis) forms. Additionally, litigants can reduce the costs of marriage annulments through self-representation.