USA Statutes : nevada
Title : Title 11 - DOMESTIC RELATIONS
Chapter : CHAPTER 122 - MARRIAGE
As used in this
chapter, “commissioner township” means a township whose population is
15,500 or more, as most recently certified by the Governor pursuant to
NRS 360.285 , and which is located in a county whose population is 100,000
or more.
(Added to NRS by 1969, 765; A 1971, 1552; 1995, 247; 1997,
178)—(Substituted in revision for NRS 122.171)
VALIDITY OF MARRIAGE
1. Marriage, so far as its validity in law is concerned, is a
civil contract, to which the consent of the parties capable in law of
contracting is essential. Consent alone will not constitute marriage; it
must be followed by solemnization as authorized and provided by this
chapter.
2. The provisions of subsection 1 requiring solemnization shall
not invalidate any marriage contract in effect prior to March 29, 1943,
to which the consent only of the parties capable in law of contracting
the contract was essential.
[1:33:1861; A 1943, 279; 1943 NCL § 4050]
1. A male and a female person, at least 18 years of age, not
nearer of kin than second cousins or cousins of the half blood, and not
having a husband or wife living, may be joined in marriage.
2. A person at least 16 years of age but less than 18 years of age
may marry only if he has the consent of:
(a) Either parent; or
(b) His legal guardian.
[Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445; 1943 NCL §
4051]—(NRS A 1961, 357; 1973, 1578; 1975, 1817; 1977, 279; 1981, 678)
1. A person less than 16 years of age may marry only if he has the
consent of:
(a) Either parent; or
(b) Such person’s legal guardian,
Ê and such person also obtains authorization from a district court as
provided in subsection 2.
2. In extraordinary circumstances, a district court may authorize
the marriage of a person less than 16 years of age if the court finds
that:
(a) The marriage will serve the best interests of such person; and
(b) Such person has the consent required by paragraph (a) or (b) of
subsection 1.
Ê Pregnancy alone does not establish that the best interests of such
person will be served by marriage, nor may pregnancy be required by a
court as a condition necessary for its authorization for the marriage of
such person.
(Added to NRS by 1957, 316; A 1975, 1817; 1977, 279)
1. With respect to any marriage solemnized before January 1, 1971,
the original certificate and records of marriage made by the judge,
justice or minister, as prescribed in this chapter, and the record
thereof by the recorder of the county, or a copy or abstract of the
record certified by the recorder, must be received in all courts and
places as presumptive evidence of the fact of the marriage.
2. With respect to any marriage solemnized on or after January 1,
1971, the original certificate and records of marriage made by the judge,
justice, minister, commissioner of civil marriages or deputy commissioner
of civil marriages, as prescribed in this chapter, and the record thereof
by the recorder of the county, or a copy or abstract of the record
certified by the recorder, must be received in all courts and places as
presumptive evidence of the fact of the marriage.
[14:33:1861; B § 207; BH § 483; C § 494; RL § 2350; NCL §
4062]—(NRS A 1969, 763; 1991, 69)
AUTHENTICATION OF MARRIAGE
Licenses and Fees
1. Before persons may be joined in marriage, a license must be
obtained for that purpose from the county clerk of any county in the
State. Except as otherwise provided in this subsection, the license must
be issued at the county seat of that county. The board of county
commissioners:
(a) In a county whose population is 400,000 or more may, at the
request of the county clerk, designate two branch offices of the county
clerk at which marriage licenses may be issued, if the designated branch
offices are located outside of the county seat.
(b) In a county whose population is less than 400,000 may, at the
request of the county clerk, designate one branch office of the county
clerk at which marriage licenses may be issued, if the designated branch
office is established in a county office building which is located
outside of the county seat.
2. Before issuing a marriage license, the county clerk may require
evidence that the applicant for the license is of age. The county clerk
shall accept a statement under oath by the applicant and the applicant’s
parent, if available, that the applicant is of age.
3. The county clerk issuing the license shall require the
applicant to answer under oath each of the questions contained in the
form of license, and, if the applicant cannot answer positively any
questions with reference to the other person named in the license, the
clerk shall require both persons named in the license to appear before
him and to answer, under oath, the questions contained in the form of
license. The county clerk shall require the applicant to include his
social security number and the social security number of the other person
named in the license on the affidavit of application for the marriage
license. If either person does not have a social security number, the
person responding to the question must state that fact. The county clerk
shall not require any evidence to verify a social security number. If any
of the information required is unknown to the person responding to the
question, he must state that the answer is unknown.
4. If any of the persons intending to marry are under age and have
not been previously married, and if the authorization of a district court
is not required, the clerk shall issue the license if the consent of the
parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by
two witnesses, one of whom must appear before the clerk and make oath
that he saw the parent or guardian subscribe his name to the annexed
certificate, or heard him or her acknowledge it; or
(c) In writing, subscribed to and acknowledged before a person
authorized by law to administer oaths. A facsimile of the acknowledged
writing must be accepted if the original is not available.
5. If the authorization of a district court is required, the
county clerk shall issue the license if that authorization is given to
him in writing.
6. All records pertaining to marriage licenses are public records
and open to inspection pursuant to the provisions of NRS 239.010 .
7. A marriage license issued on or after July 1, 1987, expires 1
year after its date of issuance.
[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947,
41; 1949, 91; 1943 NCL § 4053]—(NRS A 1959, 484; 1961, 332; 1975, 144,
435; 1977, 280; 1979, 486; 1981, 678; 1985, 1211; 1987, 1419; 1991, 1866;
1993, 28, 1230; 1997, 2287, 3323; 1999, 547 )
1. Except as otherwise provided in subsection 2, if any
information in a marriage license is incorrect, the county clerk may
charge and collect from a person a fee of not more than $25 for the
preparation of an affidavit of correction.
2. The county clerk may not charge and collect from a person any
fee for the preparation of an affidavit of correction pursuant to
subsection 1 if the only errors to be corrected in the marriage license
are clerical errors that were made by the county clerk.
3. All fees collected by the county clerk pursuant to this section
must be deposited in the county general fund.
(Added to NRS by 1999, 1322 )
The marriage license must
be substantially in the following form:
Marriage License
(Expires 1 Year After Issuance)
State of Nevada }
}ss.
County of............................................................. }
These presents are to authorize any minister who has obtained a
certificate of permission, any Supreme Court justice or district judge
within this State, or justice of the peace within a township wherein he
is permitted to solemnize marriages or if authorized pursuant to
subsection 3 of NRS 122.080 , or a
municipal judge if authorized pursuant to subsection 4 of NRS 122.080
or any commissioner of civil marriages
or his deputy within a commissioner township wherein they are permitted
to solemnize marriages, to join in marriage ........ of (City, town or
location) ........, State of ........ State of birth (If not in U.S.A.,
name of country) ........; Date of birth ........ Father’s name ........
Father’s state of birth (If not in U.S.A., name of country) ........
Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A.,
name of country) ........ Number of this marriage (1st, 2nd, etc.) .....
Wife deceased ........ Divorced ........ Annulled ........ When ........
Where ........ And ........ of (City, town or location) ........, State
of ........ State of birth (If not in U.S.A., name of country) ........;
Date of birth ........ Father’s name ........ Father’s state of birth (If
not in U.S.A., name of country) ........ Mother’s maiden name ........
Mother’s state of birth (If not in U.S.A., name of country) ........
Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........
Divorced ........ Annulled ........ When ........ Where ........; and to
certify the marriage according to law.
Witness my hand and the seal of the county, this ..... day of the
month of ………. of the year ............
(Seal)
Clerk
Deputy clerk
[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947,
41; 1949, 91; 1943 NCL § 4053]—(NRS A 1967, 1291; 1969, 763; 1975, 436;
1981, 679; 1985, 243; 1987, 1420; 1993, 1461; 2001, 31 )
1. The county clerk of each county may place the affidavit of
application for a marriage license, the certificate of marriage and the
marriage license on a single form.
2. The county clerk shall have printed or stamped on the reverse
of the form instructions for obtaining a certified copy or certified
abstract of the certificate of marriage from the county recorder.
(Added to NRS by 1987, 1419; A 1991, 69)
1. The clerk is entitled to receive as his fee for issuing the
license the sum of $21.
2. The clerk shall also at the time of issuing the license collect
the sum of $10 and pay it over to the county recorder as his fee for
recording the originally signed copy of the certificate of marriage
described in NRS 122.120 .
3. The clerk shall also at the time of issuing the license collect
the additional sum of $4 for the State of Nevada. The fees collected for
the State must be paid over to the county treasurer by the county clerk
on or before the fifth day of each month for the preceding calendar
month, and must be placed to the credit of the State General Fund. The
county treasurer shall remit quarterly all such fees deposited by the
clerk to the State Controller for credit to the State General Fund.
4. The clerk shall also at the time of issuing the license collect
the additional sum of $20 for the Account for Aid for Victims of Domestic
Violence in the State General Fund. The fees collected for this purpose
must be paid over to the county treasurer by the county clerk on or
before the fifth day of each month for the preceding calendar month, and
must be placed to the credit of that Account. The county treasurer shall,
on or before the 15th day of each month, remit those fees deposited by
the clerk to the State Controller for credit to that Account.
[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947,
41; 1949, 91; 1943 NCL § 4053]—(NRS A 1957, 347; 1959, 740; 1960, 72;
1967, 1110; 1975, 437; 1979, 636; 1981, 382; 1983, 912; 1987, 26, 1421;
1991, 1678, 1679; 2001, 2918 , 3216 ; 2003, 227 )
1. In any county whose population is 100,000 or more, the main
office of the county clerk where marriage licenses may be issued must be
open to the public for the purpose of issuing such licenses from 8 a.m.
to 12 p.m. every day including holidays, and may remain open at other
times. The board of county commissioners shall determine the hours during
which a branch office of the county clerk where marriage licenses may be
issued must remain open to the public.
2. In all other counties, the board of county commissioners shall
determine the hours during which the offices where marriage licenses may
be issued must remain open to the public.
(Added to NRS by 1979, 487; A 1979, 1333; 1993, 29)
Ministers’ Certificates of Permission to Perform Marriages
1. Any licensed or ordained minister in good standing within his
denomination, whose denomination, governing body and church, or any of
them, are incorporated or organized or established in this state, may
join together as husband and wife persons who present a marriage license
obtained from any county clerk of the State, if the minister first
obtains a certificate of permission to perform marriages as provided in
this section and NRS 122.064 to 122.073
, inclusive. The fact that a minister is
retired does not disqualify him from obtaining a certificate of
permission to perform marriages if, before his retirement, he had active
charge of a congregation within this state for a period of at least 3
years.
2. A temporary replacement for a licensed or ordained minister
certified pursuant to this section and NRS 122.064 to 122.073 ,
inclusive, may solemnize marriages pursuant to subsection 1 during such
time as he may be authorized to do so by the county clerk in the county
in which he is a temporary replacement, for a period not to exceed 90
days. The minister whom he temporarily replaces shall provide him with a
written authorization which states the period during which it is
effective.
3. Any chaplain who is assigned to duty in this state by the Armed
Forces of the United States may solemnize marriages if he obtains a
certificate of permission to perform marriages from the county clerk of
the county in which his duty station is located. The county clerk shall
issue such a certificate to a chaplain upon proof by him of his military
status as a chaplain and of his assignment.
4. A county clerk may authorize a licensed or ordained minister
whose congregation is in another state to perform marriages in the county
if the county clerk satisfies himself that the minister is in good
standing with his denomination or church. The authorization must be in
writing and need not be filed with any other public officer. A separate
authorization is required for each marriage performed. Such a minister
may perform not more than five marriages in this state in any calendar
year.
(Added to NRS by 1967, 1289; A 1969, 37; 1993, 1462; 1997, 2040;
1999, 520 , 541 )
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. A certificate of permission may be obtained only from the
county clerk of the county in which the minister resides, after the
filing of a proper application. The initial application must:
(a) Be in writing and be verified by the applicant or his superior.
(b) Include the date of licensure or ordination, or both, of the
minister, and the name of the denomination, governing body and church, or
any of them, with which he is affiliated.
(c) Include the social security number of the applicant.
(d) Be accompanied by two copies of the denominational standing of
the applicant, one of which the county clerk shall file with the
Secretary of State.
2. To determine the qualifications of any minister who has filed
an application for a certificate, the county clerk with whom the
application has been filed may require:
(a) The congregation of the minister to furnish any evidence which
the county clerk considers necessary or helpful.
(b) The district attorney and the sheriff to conduct an
investigation of the background and present activities of the minister.
3. In addition to the requirement of good standing, the county
clerk shall, before approving an initial application, satisfy himself
that:
(a) The applicant’s ministry is primarily one of service to his
congregation or denomination, and that his performance of marriages will
be incidental to that service, or, in the case of a retired minister,
that his active ministry was of such a nature.
(b) No certificate previously issued to the applicant has been
cancelled for a knowing violation of the laws of this state or of the
United States.
(c) The applicant has not been convicted of a felony, been released
from confinement or completed his parole or probation, whichever occurs
later, within 10 years before the date of the application.
4. The county clerk may require any applicant to submit
information in addition to the information required by this section.
(Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041)
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. A certificate of permission may be obtained only from the
county clerk of the county in which the minister resides, after the
filing of a proper application. The initial application shall:
(a) Be in writing and verified by the applicant or his superior.
(b) Show the date of licensure or ordination, or both, of the
minister, and the name of the denomination, governing body and church, or
any of them, with which he is affiliated.
(c) Be accompanied by two copies of the denominational standing of
the applicant, one of which the county clerk shall file with the
Secretary of State.
2. For the purpose of determining the qualifications of any
minister who has filed an application for a certificate, the county clerk
with whom such application has been filed may require that:
(a) The congregation of such minister furnish any evidence which
the county clerk considers necessary or helpful.
(b) The district attorney and the sheriff to conduct an
investigation of the background and present activities of the minister.
3. In addition to the requirement of good standing, the county
clerk shall, before approving an initial application satisfy himself that:
(a) The applicant’s ministry is primarily one of service to his
congregation or denomination, and that his performance of marriages will
be incidental to such service, or, in the case of a retired minister,
that his active ministry was of such a nature.
(b) No certificate previously issued to the applicant has been
cancelled for a knowing violation of the laws of this state or of the
United States.
(c) The applicant has not been convicted of a felony, released from
confinement or completed his parole or probation, whichever occurs later,
within 10 years before the date of the application.
4. The county clerk may require any applicant to submit
information in addition to that required by this section.
(Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041,
effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings)
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. An applicant for the issuance of a certificate of permission
shall submit to the county clerk the statement prescribed by the Division
of Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
2. The county clerk shall include the statement required pursuant
to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance of the certificate of permission; or
(b) A separate form prescribed by the county clerk.
3. A certificate of permission may not be issued by the county
clerk if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the county clerk
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2039)
1. If the county clerk approves an application, he shall notify
the Secretary of State of such approval within 10 days thereafter. After
receipt of such notification, the Secretary of State shall immediately
certify the name of such minister to each county clerk and county
recorder in the State.
2. A certificate of permission shall be valid until the county
clerk has received:
(a) A written statement that the minister is no longer in good
standing within his denomination, signed by a trustee, warden,
responsible superior or other officer of such minister’s congregation
authorized to speak for it; or
(b) A written statement that the minister to whom a certificate of
permission was granted is no longer a minister, signed by a trustee,
warden, responsible superior or other officer of such former minister’s
congregation authorized to speak for it.
3. The written statements required to be sent by a trustee,
warden, responsible supervisor or other officer of a congregation
pursuant to subsection 2 shall be sent to the county clerk within 5 days
following the time the minister ceased to be a member of the denomination
in good standing or ceased to be a minister of the congregation.
4. If the county clerk in the county where the certificate of
permission was issued has reason to believe that the minister is no
longer in good standing within his denomination, or that he is no longer
a minister, or that such denomination no longer exists, such clerk may
require satisfactory proof of such minister’s denominational standing. If
such proof is not presented within 15 days, the county clerk shall revoke
the certificate of permission and shall so notify the Secretary of State.
5. If any minister to whom a certificate of permission has been
issued severs ties with his congregation or moves from the county in
which his certificate was issued, the certificate shall expire
immediately upon such severance or move, and the trustee, warden,
responsible superior or other officer of the congregation authorized to
speak for it shall, within 5 days following the severance or move, give
written notice of the fact of such severance or move to the county clerk
who issued the certificate.
(Added to NRS by 1967, 1290; A 1969, 92; 1971, 1550)
[Expires by limitation on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If a county clerk receives a copy of a court order issued
pursuant to NRS 425.540 that provides for the suspension of all professional,
occupational and recreational licenses, certificates and permits issued
to a person who is the holder of a certificate of permission, the county
clerk shall deem the certificate of permission issued to that person to
be suspended at the end of the 30th day after the date on which the court
order was issued unless the county clerk receives a letter issued to the
holder of the certificate of permission by the district attorney or other
public agency pursuant to NRS 425.550 stating that the holder of the certificate of permission has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. A county clerk shall reinstate a certificate of permission that
has been suspended by a district court pursuant to NRS 425.540 if the county clerk receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of permission was suspended
stating that the person whose certificate of permission was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2040)
1. Any county clerk who has issued a certificate of permission to
a minister may revoke such certificate for good cause shown after hearing.
2. If the certificate of any minister is revoked, the county clerk
shall inform the Secretary of State of such fact, and the Secretary of
State shall immediately remove the name of such minister from the list
and shall notify each county clerk and county recorder in the State of
such fact.
(Added to NRS by 1967, 1291)
Any minister whose application for a
certificate of permission or renewal is denied, or whose certificate of
permission is revoked, is entitled to judicial review of such action in
the district court of the county in which such action was taken.
(Added to NRS by 1967, 1291)
Each county
clerk may prescribe additional regulations, which shall not conflict with
the provisions of this chapter, relating to the issuance and revocation
of certificates of permission.
(Added to NRS by 1967, 1291)
Solemnization
1. After receipt of the marriage license previously issued to
persons wishing to be married as provided in NRS 122.040 and 122.050 ,
it is lawful for any justice of the Supreme Court, any judge of the
district court, any justice of the peace in his township if it is not a
commissioner township, any justice of the peace in a commissioner
township if authorized pursuant to subsection 3, any municipal judge if
authorized pursuant to subsection 4, any commissioner of civil marriages
within his county and within a commissioner township therein, or any
deputy commissioner of civil marriages within the county of his
appointment and within a commissioner township therein, to join together
as husband and wife all persons not prohibited by this chapter.
2. This section does not prohibit:
(a) A justice of the peace of one township, while acting in the
place and stead of the justice of the peace of any other township, from
performing marriage ceremonies within the other township, if such other
township is not a commissioner township.
(b) A justice of the peace of one township performing marriages in
another township of the same county where there is no duly qualified and
acting justice of the peace, if such other township is not a commissioner
township or if he is authorized to perform the marriage pursuant to
subsection 3.
3. In any calendar year, a justice of the peace may perform not
more than 20 marriage ceremonies in commissioner townships if he does not
accept any fee, gratuity, gift, honorarium or anything of value for or in
connection with solemnizing the marriage other than a nonmonetary gift
that is of nominal value.
4. In any calendar year, a municipal judge may perform not more
than 20 marriage ceremonies in this State if he does not accept any fee,
gratuity, gift, honorarium or anything of value for or in connection with
solemnizing the marriage other than a nonmonetary gift that is of nominal
value.
5. Any justice of the peace who performs a marriage ceremony in a
commissioner township or any municipal judge who performs a marriage
ceremony in this State and who, in violation of this section, accepts any
fee, gratuity, gift, honorarium or anything of value for or in connection
with solemnizing the marriage is guilty of a misdemeanor.
[Part 4:33:1861; A 1867, 88; 1899, 47; 1901, 19; 1911, 317; 1925,
232; 1933, 42; R 1937, 72; A 1943, 175; 1947, 830; 1951, 431]—(NRS A
1969, 764; 1993, 1463; 1999, 1323 )
No marriage solemnized before any person professing to be a
judge, justice, minister, commissioner of civil marriages or deputy
commissioner of civil marriages 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, provided it 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.
[13:33:1861; B § 206; BH § 482; C § 493; RL § 2349; NCL §
4061]—(NRS A 1969, 764)
All marriages solemnized since March 3, 1937, and
performed in the manner prescribed and required by section 4 of chapter
33, Statutes of Nevada 1861, prior to its repeal on March 3, 1937, are
hereby expressly validated. All such marriages so solemnized and
performed between March 3, 1937, and March 24, 1943, are hereby declared
to be valid to all intents and purposes to the same extent as if section
4 of chapter 33, Statutes of Nevada 1861, had not been repealed on March
3, 1937.
[4a:33:1861; added 1943, 208; 1943 NCL § 4052]
All marriages solemnized by ministers holding
certificates of permission issued pursuant to former NRS 122.070 are hereby expressly validated.
(Added to NRS by 1967, 1291)
1. In the solemnization of marriage, no particular form is
required except that the parties shall declare, in the presence of the
justice, judge, minister, justice of the peace, commissioner of civil
marriages or deputy commissioner of civil marriages, and the attending
witness, that they take each other as husband and wife.
2. In every case there shall be at least one witness present
besides the person performing the ceremony.
[6:33:1861; B § 199; BH § 475; C § 486; RL § 2342; NCL § 4054]—(NRS
A 1969, 764; 1977, 470)
1. After a marriage is solemnized, the person solemnizing the
marriage shall give to each couple being married a certificate of
marriage.
2. The certificate of marriage must be in substantially the
following form:
State of Nevada
Marriage Certificate
State of Nevada }
}ss.
County of............................................................. }
This is to certify that the undersigned,
................................ (a minister of the gospel, judge,
justice of the peace of ................................ County,
commissioner of civil marriages or deputy commissioner of civil
marriages, as the case may be), did on the ................ day of the
month of ………. of the year ..............., at ................ (address
or church), ................ (city), Nevada, join in lawful wedlock
................ (name), of ................ (city), State of
................ and ................ (name), of ................(city),
State of ................ with their mutual consent, in the presence of
................ and ................ (witnesses).
Signature of person performing
(Seal of County
Clerk)
the marriage
Name under signature typewritten
or printed in black ink
...........................................................................
.
County Clerk
Official title of person performing
the marriage
...........................................................................
.
...........................................................................
.
Couple’s mailing address
3. All information contained in the certificate of marriage must
be typewritten or legibly printed in black ink, except the signatures.
The signature of the person performing the marriage must be an original
signature.
[7:33:1861; A 1867, 88; BH § 476; C § 487; RL § 2343; NCL §
4055]—(NRS A 1977, 470; 1987, 1421; 2001, 32 )
1. Each person who solemnizes a marriage shall make a record of it
and, within 10 days after the marriage, shall deliver to the county
recorder of the county where the license was issued a copy of the
certificate of marriage required by NRS 122.120 .
2. If the copy of the certificate of marriage that is held by the
person who solemnizes the marriage is lost or destroyed before it is
delivered to the county recorder pursuant to subsection 1, the county
clerk may charge and collect from the person who solemnizes the marriage
a fee of not more than $15 for the preparation of an affidavit of loss or
destruction and the issuance of a replacement certificate. All fees
collected by the county clerk pursuant to this subsection must be
deposited in the county general fund.
3. All copies of certificates must be recorded by the county
recorder in a book to be kept by him for that purpose. For recording the
copies, the county recorder is entitled to the fees designated in
subsection 2 of NRS 122.060 and
subsection 3 of NRS 122.135 . All such
fees must be deposited in the county general fund.
[8:33:1861; A 1899, 47; C § 488; RL § 2344; NCL § 4056] +
[9:33:1861; A 1899, 47; C § 489; RL § 2345; NCL § 4057]—(NRS A 1965,
1253; 1967, 1110; 1969, 764, 1462; 1977, 470; 1983, 348; 1987, 1423;
1999, 1323 )
1. Except as otherwise provided in subsection 2, if any
information in a certificate of marriage is incorrect, the county clerk
or the county recorder may charge and collect from a person a fee of not
more than $25 for the preparation of an affidavit of correction.
2. Neither the county clerk nor the county recorder may charge and
collect from a person any fee for the preparation of an affidavit of
correction pursuant to subsection 1 if the only errors to be corrected in
the certificate of marriage are clerical errors that were made by the
county clerk.
3. Whether or not a person is required to pay any fee for the
preparation of an affidavit of correction pursuant to subsection 1:
(a) The county clerk shall charge and collect from the person a fee
in an amount equal to the amount that the county recorder is required to
charge and collect pursuant to NRS 247.305 and shall pay the fee over to the county
recorder as his fee for recording the corrected certificate of marriage;
or
(b) The county recorder shall charge and collect from the person
the fee set forth in NRS 247.305 for
recording the corrected certificate of marriage.
4. All fees collected pursuant to this section must be deposited
in the county general fund.
(Added to NRS by 1999, 1322 )
Illegitimate
children shall become legitimatized by the subsequent marriage of their
parents with each other.
[15:33:1861; B § 208; BH § 484; C § 495; RL § 2351; NCL § 4063]
All marriages
solemnized among the people called “Friends” or “Quakers,” in the forms
heretofore practiced and in use in their meetings, shall be good and
valid.
[17:33:1861; B § 210; BH § 486; C § 497; RL § 2353; NCL § 4065]
1. Marriages between Indians performed in accordance with tribal
customs within closed Indian reservations and Indian colonies have the
same validity as marriages performed in any other manner provided for by
the laws of this state, if there is recorded in the county in which the
marriage takes place, within 30 days after the performance of the tribal
marriage, a certificate declaring the marriage to have been performed.
2. The certificate of declaration required to be recorded by
subsection 1 must include the names of the persons married, their ages,
social security numbers, tribe, and place and date of marriage. The
certificate must be signed by an official of the tribe, reservation or
colony.
3. The certificate must be recorded with the recorder of the
county in which the marriage was performed and recorded by him without
charge.
[1:188:1943; 1943 NCL § 4072] + [2:188:1943; 1943 NCL § 4072.01] +
[3:188:1943; 1943 NCL § 4072.02]—(NRS A 1997, 2288; 2001, 1755 )
1. Marriages between Indians heretofore or hereafter consummated
in accordance with tribal custom shall be of the same validity as
marriages performed in any other manner provided for by the laws of the
State of Nevada.
2. A certificate of any such marriage may be signed by:
(a) An official of the tribe of which at least one of the parties
is a member; or
(b) An official of the reservation or colony in or upon which at
least one of the parties shall at the time reside; or
(c) The superintendent of an Indian agency legally established in
this State by the United States.
3. The certificate may be filed in the office of the recorder of
the county where such marriage shall have taken place, and within 30 days
thereafter, and such certificate or a certified copy thereof shall be
prima facie evidence of the facts therein recited.
4. The certificate shall give the names of the parties married,
their ages, tribe, and the place and date of the marriage, and shall show
the official status of the person signing the same.
5. Any certificate, affidavit or other type of proof recognized by
the United States, or any department thereof, as proof of a valid tribal
marriage, regardless of when or where the tribal marriage shall have been
entered into shall be proof of the validity of such tribal marriage in
the State of Nevada.
[1:97:1945; 1943 NCL § 4072.03] + [2:97:1945; 1943 NCL § 4072.04] +
[3:97:1945; 1943 NCL § 4072.05]
Commissioner of Civil Marriages
1. In a county whose population is 400,000 or more and in which a
commissioner township is located, the county clerk shall:
(a) Be commissioner of civil marriages for such township; and
(b) Solemnize marriages within each commissioner township located
within his county.
2. In a county whose population is less than 400,000 and in which
a commissioner township is located, the board of county commissioners
may, by ordinance, appoint the county clerk to act as the commissioner of
civil marriages. Such an ordinance may authorize the commissioner of
civil marriages to solemnize marriages within each commissioner township
located within the county.
3. The county clerk is not entitled to receive additional
compensation for acting in the capacity of commissioner of civil
marriages.
(Added to NRS by 1969, 765; A 1993, 34)
1. In a county whose population is 400,000 or more, the
commissioner of civil marriages may appoint deputy commissioners of civil
marriages. Such deputies shall:
(a) Solemnize marriages in commissioner townships under the
direction of the commissioner; and
(b) Perform such other duties as the commissioner may direct.
2. In a county whose population is less than 400,000 and in which
the board of county commissioners has appointed the county clerk to act
as the commissioner of civil marriages, the board may, by ordinance,
establish the number of deputy commissioners of civil marriages which may
be appointed by the commissioner of civil marriages to carry out the
duties set forth in subsection 1.
3. No deputy commissioner of civil marriages may solemnize
marriages at any time other than during the working hours or shift during
which he is employed.
4. The deputy commissioners of civil marriages are employees of
the county clerk’s office and are entitled to be compensated by a salary
and by such other benefits as are available to other county personnel
regularly employed in the same county clerk’s office. The compensation of
any deputy commissioner of civil marriages must not be based in any
manner upon the number or volume of marriages that he may solemnize in
the performance of his duties.
5. In counties in which deputy commissioners of civil marriages
are employed, no more than two deputy commissioners may be on duty within
the courthouse of such a county for the purpose of solemnizing marriages
at any one time.
(Added to NRS by 1969, 765; A 1993, 34)
1. The county shall provide a suitable area separate from the
marriage license bureau or other place where marriage licenses are issued
for the solemnizing of marriages.
2. The area shall be:
(a) Appropriately furnished by the county to provide a tranquil
atmosphere and the solemnizing ceremony shall be privately conducted in a
dignified manner without haste; and
(b) Situated in a building entirely separate from and unconnected
with any building in which marriage licenses are issued.
(Added to NRS by 1969, 766; A 1979, 637)
1. The county shall provide suitable office space, office
equipment, office supplies, and secretarial or other clerical personnel
necessary for the proper operation of the office of the commissioner of
civil marriages.
2. The county clerk shall establish the office of the commissioner
of civil marriages as a separate office and shall maintain separate
records for that office.
(Added to NRS by 1969, 766; A 1977, 576)
1. The commissioner of civil marriages or his deputy commissioner
of civil marriages is entitled to receive as his fee for solemnizing a
marriage $45. The fee must be deposited in the county general fund.
2. The commissioner of civil marriages or his deputy commissioner
of civil marriages shall also at the time of solemnizing a marriage
collect the additional sum of $5 for the Account for Aid for Victims of
Domestic Violence in the State General Fund. The fees collected for this
purpose must be paid over to the county treasurer by the county clerk on
or before the fifth day of each month for the preceding calendar month,
and must be credited to that Account. The county treasurer shall, on or
before the 15th day of each month, remit those fees deposited by the
clerk to the State Controller for credit to that Account.
(Added to NRS by 1969, 766; A 1975, 540; 1991, 1867; 2001; 3217)
The board of county
commissioners may, by ordinance, determine the hours of operation for the
office of the commissioner of civil marriages.
(Added to NRS by 1969, 766; A 1979, 637; 1993, 29, 35, 2261, 2262;
2003, 341 )
The
office of the commissioner of civil marriages and each room therein shall
prominently display on the wall, or other appropriate place, a sign
informing all people who avail themselves of the services of the
commissioner of civil marriages of the following facts:
1. That the solemnization of the marriage by the commissioner of
civil marriages is not necessary for a valid marriage and that the
parties wishing to be married may have a justice of the peace within a
township where such justice of the peace is permitted to perform
marriages, or any minister of their choice who holds a valid certificate
within the State perform the ceremony;
2. The amount of the fee to be charged for solemnization of a
marriage, including any extra charge to be made for solemnizing a
marriage after regular working hours in the office of the commissioner of
civil marriages;
3. That all fees charged are paid into the county general fund of
the particular county involved;
4. That other than the statutory fee, the commissioner of civil
marriages and the deputy commissioners of civil marriages are precluded
by law from receiving any gratuity fee or remuneration whatsoever for
solemnizing a marriage; and
5. That if the commissioner of civil marriages, any deputy
commissioner of civil marriages, or any other employee in the office of
the commissioner or in the office of the county clerk solicits such an
extra gratuity fee or other remuneration, the matter should be reported
to the district attorney for such county.
(Added to NRS by 1969, 766)
No other fee
may be charged or received by the commissioner of civil marriages for
solemnizing a marriage or for any other pertinent service other than the
fee established by NRS 122.181 .
(Added to NRS by 1969, 767)
It is unlawful for the commissioner
of civil marriages, any deputy commissioner, or any employee in the
office of the commissioner or in the office of the county clerk to:
1. Solicit, accept or receive any gratuity, remuneration or fee
whatsoever for the solemnizing of marriages;
2. Participate in or receive the benefits of any fees solicited or
received by any other person; or
3. Influence or attempt to influence any person to have a marriage
solemnized in the office of the commissioner of civil marriages.
(Added to NRS by 1969, 767; A 1977, 576)
Signs may be displayed to inform any person of the location of
the office of the commissioner of civil marriages. Such signs shall have
printed thereon only the following words: “Office of the Commissioner of
Civil Marriages.” Such signs shall be displayed in a conservative manner
commensurate with the dignified function of the office of the
commissioner of civil marriages.
(Added to NRS by 1969, 767)
Any person who violates any provision of NRS
122.173 to 122.193 , inclusive, is guilty of a misdemeanor.
(Added to NRS by 1969, 767)
PROHIBITED ACTS AND PENALTIES
Any
person who shall make a false statement in procuring a marriage license
with reference to any matter required by NRS 122.040 and 122.050
to be stated under oath shall be guilty of a gross misdemeanor.
[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947,
41; 1949, 91; 1943 NCL § 4053]—(NRS A 1967, 530)
If any county clerk shall issue or sign any marriage license in
any manner other than is authorized by this chapter, he shall forfeit and
pay a sum not exceeding $1,000 to and for the use of the person aggrieved.
[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947,
41; 1949, 91; 1943 NCL § 4053]
It is unlawful for any county employee, commercial wedding
chapel employee or other person to solicit or otherwise influence, while
on county courthouse property, any person to be married by a marriage
commissioner or justice of the peace or at a commercial wedding chapel.
(Added to NRS by 1977, 577)
1. It is unlawful for any Supreme Court justice, judge of a
district court, justice of the peace, municipal judge, minister of any
religious society or congregation, commissioner of civil marriages or
deputy commissioner of civil marriages to join together as husband and
wife persons allowed by law to be joined in marriage, until the persons
proposing such marriage exhibit to him a license from the county clerk as
provided by law.
2. Any Supreme Court justice, judge of a district court, justice
of the peace, municipal judge, minister, commissioner of civil marriages
or deputy commissioner of civil marriages who violates the provisions of
subsection 1 is guilty of a misdemeanor.
[1911 C&P § 214; RL § 6479; NCL § 10162] + [1911 C&P § 215; RL §
6480; NCL § 10163]—(NRS A 1967, 530; 1969, 765; 1993, 1463)
Every person solemnizing a
marriage who fails or neglects to make and deliver to the county recorder
an originally signed copy of the certificate thereof, within the time
specified in NRS 122.130 , is guilty of
a misdemeanor.
[Part 10:33:1861; A 1903, 70; RL § 2346; NCL § 4058]—(NRS A 1967,
530; 1987, 1423)
Every county recorder who fails or neglects to record a copy
of a certificate of marriage as required by this chapter is guilty of a
misdemeanor.
[Part 10:33:1861; A 1903, 70; RL § 2346; NCL § 4058]—(NRS A 1967,
530; 1987, 1423)
If
any person shall willfully make any false certificate of any marriage or
pretended marriage, he is guilty of a gross misdemeanor.
[11:33:1861; B § 204; BH § 480; C § 491; RL § 2347; NCL §
4059]—(NRS A 1967, 530)
If any person shall undertake to join
others in marriage, knowing that he is not lawfully authorized so to do,
or knowing of the existence of any legal impediment to the proposed
marriage, he is guilty of a misdemeanor.
[12:33:1861; B § 205; BH § 481; C § 492; RL § 2348; NCL §
4060]—(NRS A 1967, 530)
In all
cases when a violation of the provisions of this chapter is not declared
a misdemeanor or gross misdemeanor, the fines and forfeitures shall be
recovered by a civil action, to be brought by any person aggrieved or by
the county treasurer.
[16:33:1861; B § 209; BH § 485; C § 496; RL § 2352; NCL § 4064]
