Nebraska imposes one of the longest remarriage waiting periods in the United States. Under Neb. Rev. Stat. § 42-372.01, divorced individuals must wait six full months after their divorce decree is entered before remarrying anyone other than their former spouse. The divorce decree becomes final for general purposes after 30 days, but the remarriage restriction extends to 180 days (six months) from the date the decree is file-stamped by the clerk. Violating this waiting period can result in a void marriage and potential criminal charges for bigamy under Neb. Rev. Stat. § 28-701, which carries penalties of up to one year in jail and a $1,000 fine.
| Key Facts | Nebraska Requirements |
|---|---|
| Remarriage Waiting Period | 6 months after divorce decree entry |
| Divorce Filing Fee | $158-$164 (varies by county) |
| Residency Requirement | 1 year with intent to remain |
| Grounds for Divorce | No-fault only (irretrievable breakdown) |
| Property Division | Equitable distribution |
| Marriage License Fee | $25 |
| Marriage License Validity | 1 year from issuance |
| Minimum Age to Marry | 19 (17-18 with parental consent) |
How Long Must You Wait to Remarry After Divorce in Nebraska?
Nebraska law requires a six-month waiting period before remarriage after divorce, making it one of the strictest states in the nation for post-divorce remarriage. Under Neb. Rev. Stat. § 42-372.01, a divorce decree becomes final and operative for purposes of remarriage six months after the decree is entered by the court. This means you must wait at least 180 days from the date the judge signs the decree and the clerk file-stamps it before you can legally marry someone new. Most states allow immediate remarriage or impose waiting periods of only 30 days, but Nebraska stands out with its extended restriction.
The six-month clock starts running when the divorce decree is file-stamped by the district court clerk, not when the divorce becomes effective for other purposes. For general matters such as property transfers and name changes, the decree becomes effective 30 days after entry. However, the remarriage restriction specifically requires the full six-month period to elapse. During this time, neither party may marry anyone else, regardless of where they attempt to marry. This restriction applies worldwide, meaning a Nebraska resident cannot circumvent the waiting period by traveling to another state or country to remarry.
What Is the Exception for Remarrying Your Former Spouse?
The six-month remarriage waiting period does not apply when former spouses wish to remarry each other. Under Nebraska law, if you want to reconcile and remarry the same person you just divorced, you may do so as soon as the divorce decree becomes effective for general purposes, which is 30 days after entry. This exception recognizes that couples sometimes reconcile and should not be forced to wait six months to remarry when no third party is involved. The policy rationale is that the waiting period exists to ensure finality and prevent hasty remarriage decisions, but reconciliation with your former spouse does not raise those concerns.
To remarry your former spouse within the six-month window, both parties must appear at the county clerk office, apply for a new marriage license at $25, and complete a new marriage ceremony. The previous divorce remains valid and on record, so this is technically a new marriage rather than a reversal of the divorce. Nebraska courts encourage reconciliation when appropriate, and this exception removes barriers to couples who decide their divorce was a mistake.
What Happens If You Remarry Before the Six-Month Waiting Period Ends?
Remarrying before the six-month waiting period expires can result in a void marriage and criminal charges for bigamy. Under Neb. Rev. Stat. § 28-701, bigamy is classified as a Class I misdemeanor in Nebraska, carrying penalties of up to one year in jail and a maximum fine of $1,000. The legal logic is straightforward: during the six-month waiting period, your divorce decree is not yet final for remarriage purposes, meaning you are still technically married to your former spouse. Marrying another person while still legally married constitutes bigamy, regardless of whether you have a signed divorce decree.
Historical case law reinforces this restriction. In Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951), the Nebraska Supreme Court held that a remarriage in South Dakota within three months after entry of a Nebraska divorce decree was invalid. Nebraska county clerks are required to verify divorce records before issuing marriage licenses, and they will not issue a license to any applicant who has a Nebraska divorce less than six months old. If you attempt to remarry in another state during this period, that marriage may be deemed void when you return to Nebraska.
Nebraska Marriage License Requirements After Divorce
Obtaining a marriage license in Nebraska after divorce requires documentation of your prior marriage termination and compliance with the six-month waiting period. The marriage license application costs $25 and is processed the same day you apply at any of Nebraska 93 county clerk offices. Both parties must appear in person, present valid government-issued photo identification, and pay the fee by cash or credit card. Nebraska has no blood test requirement and no waiting period between license issuance and the ceremony. Your marriage license remains valid for one year from the date of issuance.
| Marriage License Requirement | Nebraska Rule |
|---|---|
| Application Fee | $25 |
| Processing Time | Same day |
| Blood Test Required | No |
| Waiting Period for License | None |
| License Validity | 1 year |
| Where to Apply | Any county clerk office |
| Required Documentation | Photo ID, divorce decree |
| Certified Copy Fee | $9 per copy |
When applying for a marriage license after divorce, you must disclose your prior marriage and divorce. The county clerk will verify that at least six months and one day have passed since your Nebraska divorce decree was entered. If your divorce occurred in another state or country, you should bring certified copies of the final divorce decree. Nebraska county clerks have access to Nebraska divorce records but may require documentation of out-of-state divorces. Failure to disclose a prior marriage or providing false information about your divorce status can result in denial of the license and potential criminal charges.
Nebraska Residency Requirements for Divorce
Before you can divorce in Nebraska and trigger the six-month remarriage waiting period, at least one spouse must meet the state residency requirement. Under Neb. Rev. Stat. § 42-349, no action for dissolution of marriage may be brought unless at least one party has had actual residence in Nebraska with a bona fide intention of making Nebraska their permanent home for at least one year prior to filing. This means a full 12 months of genuine domicile, not merely physical presence, must be established before filing the divorce complaint.
Two exceptions exist to the one-year requirement. First, if the marriage was solemnized (performed) in Nebraska and either party has resided in the state continuously from the wedding to the filing date, the divorce may proceed regardless of how long that period has been. Second, military personnel stationed at a Nebraska base for at least one year qualify as residents for divorce purposes under Neb. Rev. Stat. § 42-349, even without intent to make Nebraska their permanent home. If neither spouse meets the residency requirement, one option is filing for legal separation instead, which has no durational residency requirement.
The 60-Day Waiting Period for Divorce vs. The 6-Month Remarriage Waiting Period
Nebraska has two distinct waiting periods that applicants for remarriage must understand. The 60-day waiting period under Neb. Rev. Stat. § 42-363 refers to the minimum time between filing for divorce and the court entering a final decree. This period allows for reconciliation and ensures neither party rushes into a permanent decision. Separately, the six-month remarriage waiting period under Neb. Rev. Stat. § 42-372.01 begins after the divorce decree is entered and restricts when you can marry a new person.
| Waiting Period Type | Duration | Purpose | Statute |
|---|---|---|---|
| Divorce Finalization | 60 days minimum | Reconciliation opportunity | § 42-363 |
| Decree Effective (General) | 30 days | Appeals, property transfers | § 42-372.01 |
| Remarriage to New Person | 6 months | Prevent hasty remarriage | § 42-372.01 |
| Remarriage to Ex-Spouse | 30 days | Reconciliation support | § 42-372.01 |
The total minimum timeline from filing for divorce to eligibility for remarriage is approximately 8 months: 60 days to finalize the divorce plus 6 months for the remarriage waiting period. However, contested divorces often take 6-12 months or longer to resolve, which means the six-month remarriage clock does not start running until all disputes are settled and the decree is entered. Planning for remarriage after divorce in Nebraska requires understanding these overlapping timelines and their interactions.
Cost of Divorce and Remarriage in Nebraska
The total cost of divorce and subsequent remarriage in Nebraska includes court filing fees, potential attorney costs, and marriage license fees. The divorce filing fee in Nebraska ranges from $158 to $164 depending on the county, with service of process adding $30 to $60. An uncontested divorce where both parties agree on all terms typically costs $500 to $5,000 total, including attorney fees for document preparation. Contested divorces involving disputes over property, custody, or support average $10,000 to $15,000, with complex cases exceeding $50,000.
| Divorce and Remarriage Costs | Typical Range |
|---|---|
| Divorce Filing Fee | $158-$164 |
| Service of Process | $30-$60 |
| Uncontested Divorce (Total) | $500-$5,000 |
| Contested Divorce (Total) | $10,000-$50,000+ |
| Attorney Hourly Rate | $150-$400 |
| Marriage License | $25 |
| Certified Copy of License | $9 |
| Wedding Officiant | $50-$500 |
Fee waivers are available for divorce filing fees for individuals with income at or below 125% of the federal poverty guidelines. To apply, file an Application for Waiver of Court Costs and Fees with supporting documentation showing your income and assets. Fee waivers cover court filing fees but not attorney costs or service fees. After the divorce is finalized and the six-month remarriage waiting period expires, the marriage license fee of $25 applies to the new marriage.
How Nebraska Compares to Other States on Remarriage Waiting Periods
Nebraska six-month remarriage waiting period is among the longest in the United States, significantly exceeding most other states. The majority of states have no remarriage waiting period at all, allowing immediate remarriage once the divorce decree is finalized. A small number of states impose brief waiting periods, typically 30 to 90 days. Nebraska stands alongside only a few states with restrictions approaching or exceeding six months, making it notably restrictive for individuals planning to remarry after divorce.
| State | Remarriage Waiting Period |
|---|---|
| Nebraska | 6 months |
| Texas | 30 days |
| Alabama | 60 days |
| Kansas | 30 days |
| Most States | None (immediate) |
For individuals who need to remarry sooner than six months after their Nebraska divorce, no legal workaround exists within Nebraska law. Attempting to marry in another state during the waiting period may result in that marriage being deemed void when you return to Nebraska. The only exception is remarrying your former spouse, which can occur after just 30 days. Planning for remarriage after divorce in Nebraska requires accepting this six-month timeline and structuring life decisions accordingly.
Steps to Remarry After Divorce in Nebraska
Remarriage after divorce in Nebraska requires completing several administrative and legal steps. First, obtain a certified copy of your final divorce decree from the district court clerk in the county where your divorce was finalized. Certified copies typically cost $5-$15 each. Second, calculate the exact date when six months have passed since the divorce decree was file-stamped. You cannot apply for a marriage license until at least six months and one day have passed from that date.
- Obtain certified copy of final divorce decree ($5-$15)
- Calculate six-month waiting period expiration date
- Wait until six months and one day after decree entry
- Appear at any Nebraska county clerk office with your partner
- Bring valid photo ID and divorce decree
- Complete marriage license application
- Pay $25 fee
- Receive marriage license same day
- Conduct wedding ceremony within one year
- Return signed license to county clerk within 15 days of ceremony
After your wedding ceremony, the officiant and two witnesses must sign the marriage license, which must then be returned to the county clerk within 15 days. The clerk will record the marriage and issue certified copies upon request for $9 each. You will need certified copies for name changes with Social Security, the DMV, banks, and other institutions. Nebraska recognizes marriages performed by ordained ministers, judges, magistrates, and certain other officials, and also recognizes common-law marriages validly formed in other states.
Frequently Asked Questions About Remarriage After Divorce in Nebraska
How soon can I remarry after divorce in Nebraska?
Nebraska law requires a six-month waiting period before remarriage after divorce under Neb. Rev. Stat. § 42-372.01. You cannot legally marry anyone new until at least six months and one day have passed from the date the divorce decree was file-stamped by the district court clerk. The only exception is remarrying your former spouse, which requires only a 30-day wait.
Can I remarry my ex-spouse immediately after divorce in Nebraska?
Yes, Nebraska allows former spouses to remarry each other 30 days after the divorce decree is entered. The six-month remarriage waiting period under Neb. Rev. Stat. § 42-372.01 applies only to marriages to new partners. If you and your ex-spouse reconcile, you can obtain a new marriage license for $25 and remarry after the 30-day general finality period expires.
What happens if I remarry in another state before the six-month waiting period ends?
Marrying in another state during Nebraska six-month waiting period may result in a void marriage. Nebraska courts have historically invalidated such marriages, as seen in Scott v. Scott, 153 Neb. 906 (1951). Additionally, remarrying while still legally married for remarriage purposes could constitute bigamy under Neb. Rev. Stat. § 28-701, a Class I misdemeanor carrying up to one year in jail and a $1,000 fine.
How much does a marriage license cost in Nebraska?
A Nebraska marriage license costs $25, payable by cash or credit card at any of the state 93 county clerk offices. Both parties must appear in person with valid photo identification. The license is issued the same day you apply and remains valid for one year. Certified copies for name changes cost an additional $9 each.
Is there a waiting period to get a marriage license in Nebraska?
No, Nebraska has no waiting period between applying for a marriage license and receiving it. Your license is issued the same day you apply. However, if you are divorced, you must wait six months after your divorce decree before you can apply for a new marriage license. This six-month remarriage waiting period is separate from the license issuance process.
What is the residency requirement for divorce in Nebraska?
Nebraska requires at least one spouse to have resided in the state with bona fide intent to make it their permanent home for one year before filing for divorce under Neb. Rev. Stat. § 42-349. Exceptions apply if the marriage was performed in Nebraska and one spouse has lived there continuously since the wedding, or if military personnel have been stationed in Nebraska for one year.
How long does it take to finalize a divorce in Nebraska?
Nebraska requires a minimum 60-day waiting period between filing for divorce and the court entering a final decree under Neb. Rev. Stat. § 42-363. Uncontested divorces typically finalize in 60-90 days. Contested divorces involving disputes over property, custody, or support can take 6-12 months or longer. After finalization, the six-month remarriage waiting period begins.
Can I change my name after divorce and before remarriage?
Yes, you can restore your former name immediately after your divorce decree becomes effective (30 days after entry). You do not need to wait for the six-month remarriage period to change your name. Your divorce decree can include a provision restoring your previous name, which you can then use with Social Security, the DMV, and other agencies.
What documents do I need to remarry after divorce in Nebraska?
To obtain a marriage license after divorce, you need valid government-issued photo identification (driver license or passport), your final divorce decree showing the date it was entered, and $25 for the license fee. If your divorce occurred outside Nebraska, bring a certified copy of the foreign divorce decree. Both parties must appear in person at the county clerk office.
Why does Nebraska have such a long remarriage waiting period?
Nebraska six-month remarriage waiting period dates to traditional policies aimed at ensuring finality of divorce and preventing impulsive remarriage decisions. The law provides time for reflection and helps prevent complications such as questions about property division or potential reconciliation. While most states have eliminated such restrictions, Nebraska maintains this policy as part of its family law framework under Neb. Rev. Stat. § 42-372.01.
Important Disclaimer
This guide provides general information about remarriage after divorce in Nebraska and should not be considered legal advice. Filing fees, court costs, and procedural requirements are current as of April 2026 but are subject to change. Verify all fees with your local Nebraska district court clerk before filing. For specific legal advice regarding your situation, consult with a Nebraska-licensed family law attorney.