Title 25, Marital and Domestic Relations

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void. B. Notw…

A. A person who is at least sixteen years of age and who is under eighteen years of age may marry only if one of the following is true: 1. The person has received an emancipation order pursuant to title 12, chapter 15 or from a court in another state and the person's prospective …

A. It is declared that the public policy of this state and the general purposes of this title are: 1. To promote strong families; 2. To promote strong family values. B. It also is the declared public policy of this state and the general purpose of this title that absent evidence …

A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is issued as provided in this title. 2. The marriage is solemnized by a person authorized by law…

A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101. B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same …

A. Persons shall not be joined in marriage in this state until a license has been obtained for that purpose from the clerk of the superior court in any county of this state. This subsection does not apply to the conversion of an existing marriage that is valid in this state to a …

A. The clerk of the superior court shall maintain a record of all marriage licenses issued. B. The person solemnizing the rites of matrimony shall endorse the act of solemnization on the license and shall return the license to the clerk within thirty days after the solemnization.…

A. The following are authorized to solemnize marriages between persons who are authorized to marry: 1. Duly licensed or ordained clergymen. 2. Judges of courts of record. 3. Municipal court judges. 4. Justices of the peace. 5. Justices of the United States supreme court. 6. Judge…

A. A valid marriage is contracted by a male person and a female person with a proper marriage license who participate in a ceremony conducted by and in the presence of a person who is authorized to solemnize marriages and at which at least two witnesses who are at least eighteen …

A. A justice of the peace whose office is located five miles or more from the county seat of the county in which the office is located may be designated by the clerk of the superior court to receive applications for and issue marriage licenses in that county, including covenant m…

A. If a city or town is more than four miles from the county seat, the clerk of the superior court may allow the clerk of the city or town or the city or town court clerk to issue marriage licenses, including covenant marriage licenses, and to process the conversion of existing m…

A. It is unlawful for any person who is authorized to solemnize marriages to: 1. Knowingly participate in or by his presence sanction the marriage of a person under the age of eighteen years who obtained a marriage license without consent in writing of the parent or guardian lawf…

A. It is unlawful for a clerk of the superior court to knowingly issue a marriage license to a person under the age of eighteen years without the consent in writing of the parent or guardian lawfully entitled to give consent. B. It is unlawful for any person to knowingly make a f…

The clerk of the superior court may produce an abstract of marriage in lieu of a reproduction of the recorded marriage license. An abstract of marriage shall include the legal name of the bride prior to the marriage, the name of the groom, the date of the marriage and the date on…

In this article, unless the context otherwise requires: 1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage. 2. "Property" means an interest, present or future, legal or equitable, ve…

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. B. The agreement becomes effective on marriage of the parties. C. The agreement is not enforceable if the person against whom enforcement is sought proves …

A. Parties to a premarital agreement may contract with respect to: 1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. 2. The right to buy, sell, use, transfer, exchange, abandon, lease, …

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to…

A. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: 1. Acquired by gift, devise or descent. 2. Acquired after service of a petition for dissolution of marriage, legal separation or a…

A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. B. Prop…

A. Each spouse has the sole management, control and disposition rights of each spouse's separate property. B. The spouses have equal management, control and disposition rights over their community property and have equal power to bind the community. C. Either spouse separately ma…

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary. B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incu…

Marital rights in property which is acquired in this state during marriage by persons married without the state who move into the state shall be controlled by the laws of this state.

A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract. B. A surrogate is the legal mother of a child born as a result of a surrogate parentage contract and is entitled to custody of that child. C. If the mothe…

Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.

A. The jurisdictional requirements and procedure for obtaining an annulment shall be the same as if the matter were one for dissolution of marriage. B. If grounds for annulment exist, the court to the extent that it has jurisdiction to do so, shall divide the property of the part…

A. The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this title. B. A proceeding for dissolution of marriage, annulment or legal separation shall be filed in accordance w…

A. The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services and that in either cas…

A. The court shall enter a decree of legal separation if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state or was stationed in this state while a member of the armed services. 2. The conciliation provisio…

A. The verified petition in a proceeding for dissolution of marriage, annulment or legal separation shall allege that the marriage is irretrievably broken or void, that one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of…

A. If the parties reach a comprehensive settlement of all issues before either party initiates formal dissolution of marriage or legal separation proceedings, the parties may jointly elect to proceed with the dissolution or legal separation action as a summary consent decree proc…

A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction in the following manner: 1. The preliminary injunction shall be directed to each party to the …

A. In a proceeding for dissolution of marriage, legal separation or annulment or for maintenance or support following a dissolution of marriage by a court that lacked personal jurisdiction over an absent spouse, either party may move for temporary orders seeking any of the follow…

A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or annulment or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by ei…

A. In a proceeding for dissolution of marriage, for annulment or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court that previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdic…

In making a disposition of property pursuant to section 25-318 or 25-327, a court shall not do any of the following: 1. Consider any federal disability benefits awarded to a veteran for service-connected disabilities pursuant to 10 United States Code section 1413a or 38 United St…

A. In an action described in section 25-318, subsection A, the court shall not award any community property to a convicted spouse. B. If one spouse is required to make ongoing installment payments to a convicted spouse pursuant to a division of property as described in section 25…

A. If an action described in section 25-318, subsection A involves the disposition of in vitro human embryos, the court shall: 1. Award the in vitro human embryos to the spouse who intends to allow the in vitro human embryos to develop to birth. 2. If both spouses intend to allow…

A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the …

A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, wi…

A. On request of either parent or on the court's own motion, before the court enters an order for child support pursuant to section 25-320, the court may order both parents to meet with a federally authorized tax practitioner if at least one of the parents is self-employed. The f…

The court may appoint an attorney to represent the interests of a minor or dependent child with respect to the child's support, custody and parenting time. The court may enter an order for costs, fees and disbursements in favor of the child's attorney. The order may be made again…

A. Except as provided in section 46-441, the court shall order that maintenance or support payments be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise. B. The clerk of the court or the supp…

A. Pursuant to the requirements of section 25-504, in any proceeding in which the court orders a person to pay support as defined in section 25-500 the court shall, and in any proceeding in which the court orders a person to pay spousal maintenance the court may, assign to the pe…

A. The petition or request for assignment, order for assignment, notices to obligor and employer, request for hearing and motion to quash or request to stop or modify the order of assignment shall be on forms prescribed by the supreme court and shall be furnished by the clerk of …

A. The court from time to time, after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings, may order a party to pay a reasonable amount to the other party for the costs and expenses of maintai…

A. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provisio…

A. If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit parenting time is not suspended, but the other party may petition or request the court to grant …

A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may hav…