Nebraska § 42-114 - Want of jurisdiction; marriage not void, when.
Full text of Nebraska Revised Statutes of Nebraska § 42-114 — Want of jurisdiction; marriage not void, when., with citation guidance and answers to common questions.
§ 42-114. Want of jurisdiction; marriage not void, when.
No marriage solemnized before any person professing to be a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority in such supposed minister; Provided, the marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
An ordained minister was authorized to perform a valid marriage ceremony where there was no evidence casting doubt on the minister's authority to solemnize the marriage and where the purported wife believed she had been lawfully joined in marriage. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).
This section authorizes anyone to perform a valid marriage ceremony if he holds himself out to be a minister or justice of the peace, provided the marriage is consummated with a full belief on the part of either of the parties that they have been lawfully joined in marriage. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932).
If person before whom marriage solemnized had no authority to perform same but professed to have and was believed to have by both parties so married, or either of them, marriage is valid. Haggin v. Haggin, 35 Neb. 375, 53 N.W. 209 (1892).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 42-114
What does Revised Statutes of Nebraska § 42-114 cover?
Section 42-114 ("Want of jurisdiction; marriage not void, when.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 42-114?
A common citation format is "Revised Statutes of Nebraska § 42-114" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 42-114 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.