Key Takeaways

  • Nebraska does not recognize common law marriage if formed within the state but may recognize such unions if legally established in another state.
  • Domestic partnerships in Nebraska are not legally recognized by the state, limiting benefits and legal protections.
  • Legal arrangements like power of attorney, cohabitation agreements, and wills are critical for unmarried couples seeking legal protections.
  • Cohabitation does not confer marriage rights in Nebraska unless formalized under the law of a state that permits common law marriage.
  • A marriage license is required for legal marriage in Nebraska; there is no option to gain marital status through long-term cohabitation alone.

A domestic partnership Nebraska involves a relationship between two individuals who are not marred but reside together in a committed partnership. If granted a domestic partnership status, then the couple may be entitled to the rights that married couples benefit from.

Domestic partnerships are similar to common law marriages since they apply to unmarried couples living together. Domestic partnerships are a popular option for same-sex couples. To obtain a certificate of domestic partnership, most states require that a couple:

  • Prove they are in a committed relationship.
  • Have financial independence from each other.
  • Be 18 years of age or older.

Laws Covering Domestic Partnerships

The laws that govern domestic partnerships will vary from state to state. Some fully recognize domestic partnerships, while other limit the benefits for them. The main purpose for most people entering into a domestic partnership is so that they can benefit from the rights that married couples enjoy, such as:

  • Health care and insurance benefits
  • Joint ownership of property
  • Employee benefits such as medical and family leave
  • Visitation rights in prisons and hospitals as family

There are several states that do not recognize domestic partnerships in any capacity:

  • Alabama
  • Arkansas
  • Alaska
  • Delaware
  • Idaho
  • Kansas
  • Kentucky
  • Michigan
  • Missouri
  • Nebraska
  • New Hampshire
  • North Dakota
  • Ohio
  • Oklahoma
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah

To make sure you fully understand the domestic partnership laws of your state, it is best to consult a lawyer.

Terminating a Domestic Partnership

Terminating a domestic partnership can be similar to terminating a marriage. In the event of the dissolution of a domestic partnership, a court may award a party alimony payments the same as it would in the event of a divorce.

When dissolving a domestic partnership, a party will have to:

  • Provide his or her partner with a notice of intent.
  • Have a hearing in civil court.
  • Terminate the benefits and advantages the other party had from the partnership.

If you have questions regarding the termination of a domestic partnership or how to file a civil claim, it is best to seek out the services of a family attorney.

Nebraska Common Law Marriage

The state of Nebraska has specific state laws regarding marriage and has not allowed common law marriage since 1923. Even though common law marriages are not allowed in the state, there have been recent statues that allow divorce or settlements in common law marriage situations if certain requirements are met.

In short, the statute says that all marriages contracted in the state fall under the laws of the country; if the law is valid in the country, the court will hear the case. The following marriages are prohibited in the state of Nebraska:

  • A marriage prohibited by law.
  • A marriage where either party is impotent.
  • A marriage where one party had a spouse at the time of the marriage.
  • A marriage where one party was mentally ill at the time of marriage.
  • If the marriage occurred through fraud or force.
  • The marriage involved one or more parties under the age of 17.

While there are few laws in the state that directly address common law marriage, a marriage can be considered valid in the state if two conditions are met:

  • The couple signed power of attorney paperwork during their relationship.
  • The marriage occurred in a state or district that legally allowed the union through common law marriage laws.

When validating a common law marriage in Nebraska, courts will consider several factors including:

  • If both parties lived together in an out of state jurisdiction.
  • If in the out of state jurisdiction, they established to common law requirements.
  • If the date of declaring the specified date of marriage can be determined by the court.
  • If there were power of attorney documents signed before the cohabitation began.

With the power of attorney being a factor, it is advised that a couple have one in place before forming a common law or domestic partnership in the state of Nebraska to increase their chance of having it declared valid. Additionally, if a couple that was common law married in another jurisdiction has an agreement in place about how the property will be divided in the event their relationship is terminated, Nebraska courts will honor those agreements.

Marriage License Requirements in Nebraska

Couples wishing to be legally married in Nebraska must apply for a marriage license, as this is the only path to a legally recognized union in the state. Some key requirements include:

  • Both applicants must be at least 17 years old; minors need parental consent and court approval.
  • Applicants do not need to be residents of Nebraska.
  • No blood tests are required.
  • A license must be obtained in person at a County Clerk’s office.
  • The license is valid immediately upon issuance and expires after one year.
  • There is no waiting period after receiving the license.

These requirements emphasize that the state places importance on formal legal procedures over informal cohabitation.

Cohabitation and Legal Implications in Nebraska

Merely living together does not provide any special legal status or rights in Nebraska. Courts do not equate cohabitation with marriage unless a valid out-of-state common law marriage is proven. The following limitations apply to cohabiting couples:

  • No automatic inheritance rights without a valid will.
  • No tax benefits available to married couples.
  • No right to spousal support or equitable property division after a breakup.
  • No legal presumption of paternity unless paternity is legally established for children born during the relationship.

It is essential that couples understand that time spent living together in Nebraska, even over decades, will not lead to a legal marital status under common law marriage Nebraska statutes.

Legal Alternatives for Unmarried Couples in Nebraska

Since common law marriage Nebraska laws do not allow such unions to be formed locally, couples seeking legal protections may consider formal legal documents to secure rights typically associated with marriage:

  • Cohabitation Agreement – A private contract that outlines property rights, financial responsibilities, and procedures for separation.
  • Durable Power of Attorney – Authorizes a partner to make legal or financial decisions if one becomes incapacitated.
  • Health Care Power of Attorney or Advance Directive – Grants a partner the ability to make medical decisions.
  • Last Will and Testament – Ensures a partner is provided for in the event of death, particularly important since intestacy laws favor blood relatives or legal spouses.
  • Beneficiary Designations – Ensure that retirement accounts, insurance policies, and other financial assets are directed to the chosen partner.

These documents offer essential protection for couples in a domestic partnership or cohabiting long-term.

Recognition of Out-of-State Common Law Marriages

While Nebraska does not allow couples to form a common law marriage within its borders, it does recognize such marriages if they were validly established in a jurisdiction that permits them. This means if a couple legally entered into a common law marriage in another state and later moved to Nebraska, Nebraska courts may honor that marriage.

To determine validity, Nebraska courts typically evaluate:

  • Whether the couple cohabited in a state where common law marriage is recognized.
  • Whether they held themselves out as married during that time.
  • Whether the couple met all legal requirements of the originating state, such as mutual consent and public declaration.

If the relationship meets these standards, Nebraska may allow such couples to access divorce proceedings, property division, and spousal rights.

Frequently Asked Questions

1. Does Nebraska allow common law marriage? No, Nebraska has not allowed couples to establish common law marriage within the state since 1923.

2. Can Nebraska recognize a common law marriage from another state? Yes, Nebraska may recognize an out-of-state common law marriage if it was legally valid under that state's laws.

3. What legal options do unmarried couples in Nebraska have? Unmarried couples can protect their rights through legal documents such as cohabitation agreements, powers of attorney, and wills.

4. Is cohabitation the same as common law marriage in Nebraska? No. Cohabitation alone does not confer any marital or legal rights in Nebraska unless validated through out-of-state recognition.

5. How do you get legally married in Nebraska? Couples must apply for a marriage license through a county clerk’s office, meet age and legal requirements, and follow state marriage laws.

If you need help with domestic partnership Nebraska, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.