InfoSeeker3
New member
What is the name of your state? Nebraska
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InfoSeeker3
New member
I am from Nebraska and just recently was granted a divorce final decree. I was separated from my ex-wife for a long time, and in the meantime had began a new relationship that blossomed into love and we decided that we would marry once this divorce was final. It was explained to me that once your divorce was final that a person is not allowed to marry in the State of Nebraska for 6 months. We were advised however that we would be able to marry in the neighboring State of Iowa immediately as they have a no waiting period for marriage as long as your divorce decree has been finalized. I even went so far as to call the county courthouse and visit in person to confirm this and get a marriage license and was assured repeatedly that there were no issues or complications. We went ahead and got married in Iowa. I am now being told by several people that this marriage will not be recognized, even though I again checked with the county court in Iowa to confirm the validity and was assured it was fine.
Where do I stand with this?
Where do I stand with this?
Zigner
Senior Member, Non-Attorney
They are correct. Your divorce is not final (for the purpose of remarriage to anyone but your current spouse) until 6 months after the decree is entered. Because you are still married, you cannot marry someone else until that time has elapsed.
EDIT:
https://nebraskalegislature.gov/laws/statutes.php?statute=42-372.01
42-372.01.
Decree; when final.
(1) Except for purposes of appeal as prescribed in section 42-372, for purposes of remarriage as prescribed in subsection (2) of this section, and for purposes of continuation of health insurance coverage as prescribed in subsection (3) of this section, a decree dissolving a marriage becomes final and operative thirty days after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.
(2) For purposes of remarriage other than remarriage between the parties, a decree dissolving a marriage becomes final and operative six months after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.
(3) For purposes of continuation of health insurance coverage, a decree dissolving a marriage becomes final and operative six months after the decree is entered.
(4) A decree dissolving a marriage rendered prior to September 9, 1995, which is not final and operative becomes operative pursuant to the provisions of section 42-372 as such section existed immediately preceding September 9, 1995.
EDIT:
https://nebraskalegislature.gov/laws/statutes.php?statute=42-372.01
42-372.01.
Decree; when final.
(1) Except for purposes of appeal as prescribed in section 42-372, for purposes of remarriage as prescribed in subsection (2) of this section, and for purposes of continuation of health insurance coverage as prescribed in subsection (3) of this section, a decree dissolving a marriage becomes final and operative thirty days after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.
(2) For purposes of remarriage other than remarriage between the parties, a decree dissolving a marriage becomes final and operative six months after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.
(3) For purposes of continuation of health insurance coverage, a decree dissolving a marriage becomes final and operative six months after the decree is entered.
(4) A decree dissolving a marriage rendered prior to September 9, 1995, which is not final and operative becomes operative pursuant to the provisions of section 42-372 as such section existed immediately preceding September 9, 1995.
PayrollHRGuy
Senior Member
So it isn't that the NE wouldn't acknowledge the Iowa marriage it is that the divorce isn't final so the marriage in Iowa or anywhere else would simply be illegal.
Zigner
Senior Member, Non-Attorney
Oh, I missed the fact that you already remarried. Your new "marriage" is void:
https://nebraskalegislature.gov/laws/statutes.php?statute=42-103
42-103.
Marriages; when void.
Marriages are void (1) when either party has a husband or wife living at the time of the marriage, (2) when either party, at the time of marriage, is mentally incompetent to enter into the marriage relation, and (3) when the parties are related to each other as parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins when of whole blood, uncle and niece, and aunt and nephew. This subdivision extends to children and relatives born out of wedlock as well as those born in wedlock.
EDIT:
Here is Iowa's take on it:
595.19 Void Marriages.
1. Marriages between the following persons who are related by blood are void:
a. Between a man and his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter, or sister's daughter.
b. Between a woman and her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son, or sister's son.
c. Between first cousins.
2. Marriages between persons either of whom has a husband or wife living are void, but, if the parties live and cohabit together after the death or divorce of the former husband or wife, such marriage shall be valid.
https://nebraskalegislature.gov/laws/statutes.php?statute=42-103
42-103.
Marriages; when void.
Marriages are void (1) when either party has a husband or wife living at the time of the marriage, (2) when either party, at the time of marriage, is mentally incompetent to enter into the marriage relation, and (3) when the parties are related to each other as parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins when of whole blood, uncle and niece, and aunt and nephew. This subdivision extends to children and relatives born out of wedlock as well as those born in wedlock.
EDIT:
Here is Iowa's take on it:
595.19 Void Marriages.
1. Marriages between the following persons who are related by blood are void:
a. Between a man and his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter, or sister's daughter.
b. Between a woman and her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son, or sister's son.
c. Between first cousins.
2. Marriages between persons either of whom has a husband or wife living are void, but, if the parties live and cohabit together after the death or divorce of the former husband or wife, such marriage shall be valid.
InfoSeeker3
New member
Thank you for your quick response. With that being said, I have already remarried in Iowa. With this not being valid in Nebraska for 6 months, would it be valid after that date?
Zigner
Senior Member, Non-Attorney
Not in Nebraska. There might be an argument for the marriage becoming valid if you live together once the divorce is actually final. You may wish to speak to a local attorney about the matter. Although, quite frankly, it's probably easier and cheaper just to do a court-house wedding after your current divorce is final.
Just Blue
Senior Member
To CYA just have a civil ceremony after the 6 months is up.
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