A woman may while married sue and be sued in the same manner as if she were unmarried.
§ 25-305.Married woman.
Article 3: Parties · Last amended 1871 · Last verified July 22, 2026
In one sentenceThis section confirms that a married woman may sue and be sued in Nebraska courts the same way as an unmarried person, with no special procedure tied to her marital status.
Full Text of § 25-305
Source
Laws 1871, § 3, p. 68; R.S.1913, § 7586; C.S.1922, § 8529; C.S.1929, § 20-305; R.S.1943, § 25-305.
Plain-English Summary
Section 25-305 states a simple rule: a woman may, while married, sue and be sued in the same manner as if she were unmarried. Marital status plays no role in whether she can bring a claim, defend one, or be named as a party. She has the same capacity to litigate as any other adult.
The section works alongside Section 25-306, which addresses what happens when a husband and wife are sued together, and it fits within this article’s broader treatment of who has the capacity to sue and be sued under Nebraska law.
Frequently Asked Questions
Does a married woman need her husband’s involvement to file a lawsuit in Nebraska?
No. Section 25-305 lets her sue and be sued the same way as an unmarried person, without any requirement tied to her marital status.
Can a married woman be sued directly in her own name?
Yes. She may be sued the same way as an unmarried person, in her own name and capacity.
Does this section change anything if a husband and wife are sued in the same case?
Section 25-306 separately addresses that situation, covering how a wife may defend her own interest and, in some circumstances, her husband’s interest too.
Does marital status affect a woman’s legal capacity to enter contracts or hold property that later leads to litigation?
This section addresses capacity to sue and be sued in court; other Nebraska law governs contract and property capacity generally.
Is there a comparable provision for married men?
The general capacity of any adult, married or not, to sue and be sued in Nebraska has long applied without needing a parallel provision, since Section 25-305 addresses the specific historical bar that once applied to married women.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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