The Grounds for Annulment in Nebraska

Under Nebraska law, if your marriage is annulled, it is as if it never happened.  Even in 2019, there are still some people who believe that divorce carries a stigma, so opt to pursue an annulment instead.  A civil annulment is not the same as a religious annulment, which can only be granted by a church and has no legal effect on your marriage in Nebraska.

Nebraska allows for an annulment only under certain conditions:

  • If your marriage is prohibited by law (for example, If you or your spouse are too closely related to be married, making the marriage illegal)
  • If you or your spouse were unable to consent to the marriage because of a mental condition
  • If you or your spouse were induced to marry because of threat or fraud
  • If you or your spouse were already married to someone else (bigamy)
  • If you or your spouse were impotent at the time you married

To obtain an annulment in Nebraska, either you or your spouse must be a resident at the time you file your Complaint for Annulment in the district court of the county where you live.  The judge will hold a hearing and make a determination based on your testimony and other evidence.

Once your marriage is annulled, it is as if you were never married.  If there are children from the marriage, a parenting plan and financial support order will be put into place.  A spouse from an annulment may also be eligible for alimony if it is appropriate. 

When it comes to the division of property for a short-term marriage, each spouse will leave the marriage with what they came into it with, depending on the title on the property and the duration of the marriage.  If you and your spouse held joint title to any property, it is divided equally.  If the annulment is granted after a longer period of marriage, a judge will divide marital property based on fairness.

Your legal team at Koenig|Dunne understands the nuances and complexities of family law, and we are here to help guide you through the process.