US Laws, Codes, Statutes & Cases

Title 11 - DOMESTIC RELATIONS

CHAPTER 122 - MARRIAGE

GENERAL PROVISIONS

NRS 122.002            “Commissioner township” defined.

VALIDITY OF MARRIAGE

NRS 122.010            What constitutes marriage; no common-law marriages after March 29, 1943.

NRS 122.020            Persons capable of marriage; consent of parent or guardian.

NRS 122.025            Marriage of persons less than 16 years of age: Consent of parent or guardian; authorization by court.

NRS 122.030            Documents constituting presumptive evidence of marriage.

AUTHENTICATION OF MARRIAGE

Licenses and Fees

NRS 122.040            Marriage license: Requirements; issuance by county clerk; public records; expiration.

NRS 122.045            Preparation of affidavit of correction to correct information in marriage license; fees.

NRS 122.050            Form of marriage license.

NRS 122.055            Consolidation of forms for marriage; instructions for obtaining certified copy or abstract of certificate of marriage.

NRS 122.060            Fees.

NRS 122.061            Office hours for issuance of marriage licenses.

Ministers’ Certificates of Permission to Perform Marriages

NRS 122.062            Licensed or ordained ministers and chaplains of Armed Forces to obtain certificates from county clerk; temporary replacements; solemnization by minister licensed or ordained in another state.

NRS 122.064            Initial application for certificate: Form; required information. [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.]

NRS 122.064            Initial application for certificate: Form; required information. [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.]

NRS 122.065            Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duty of county clerk. [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.]

NRS 122.066            Certification by Secretary of State; issuance, term and expiration of certificates.

NRS 122.067            Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [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.]

NRS 122.068            Revocation of certificates; hearing; duties of Secretary of State.

NRS 122.071            Judicial review.

NRS 122.073            Additional regulations by county clerk.

Solemnization

NRS 122.080            Solemnization of marriage by Supreme Court justice, district judge, justice of the peace, municipal judge and commissioner and deputy commissioner of civil marriages; unlawful acts.

NRS 122.090            Marriage solemnized by unauthorized person: When valid.

NRS 122.100            Marriages solemnized between March 3, 1937, and March 24, 1943, validated.

NRS 122.103            Marriages solemnized by certain ministers before May 20, 1967, validated.

NRS 122.110            No particular form of solemnization required; witness.

NRS 122.120            Certificate of marriage: Form.

NRS 122.130            Certificate of marriage: Recording; loss or destruction before recording; replacement certificate; fees.

NRS 122.135            Preparation of affidavit of correction to correct information in certificate of marriage; fees.

NRS 122.140            Illegitimate children legitimatized.

NRS 122.150            Forms used by Friends or Quakers valid.

NRS 122.160            Marriages between Indians performed by tribal custom on reservation or in colony: Validity; certificate of declaration.

NRS 122.170            Marriages between Indians consummated in accordance with tribal customs valid: Certificate of marriage; contents; recording.

 

Commissioner of Civil Marriages

NRS 122.173            Commissioner of civil marriages: County clerk is ex officio in larger counties; appointment of county clerk in smaller counties; solemnization of marriages; no additional compensation.

NRS 122.175            Deputy commissioners of civil marriages: Appointment; powers and duties; compensation; number on duty.

NRS 122.177            Area for solemnizing marriages.

NRS 122.179            Clerical personnel, supplies and equipment to be provided by county.

NRS 122.181            Fees for solemnizing marriages: Amounts; disposition.

NRS 122.183            Hours of operation for office.

NRS 122.185            Signs required in office and rooms; contents.

NRS 122.187            Receipt of additional fees prohibited.

NRS 122.189            Prohibited acts.

NRS 122.191            Display and contents of signs indicating location of office.

NRS 122.193            Penalty.

PROHIBITED ACTS AND PENALTIES

NRS 122.200            False statement to procure marriage license.

NRS 122.210            Unauthorized issuance of marriage license by county clerk.

NRS 122.215            Solicitation on courthouse property to perform marriage.

NRS 122.220            Solemnizing marriage without exhibition of marriage license.

NRS 122.230            Failure of person solemnizing marriage to make and deliver certificate to county recorder.

NRS 122.240            Failure of county recorder to record certificate of marriage.

NRS 122.250            Willful making of false certificate of marriage.

NRS 122.260            Solemnization of marriage by unauthorized person or where legal impediment known.

NRS 122.270            Recovery of forfeitures by civil actions.

_________

GENERAL PROVISIONS

      NRS 122.002  “Commissioner township” defined.  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

      NRS 122.010  What constitutes marriage; no common-law marriages after March 29, 1943.

      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]

      NRS 122.020  Persons capable of marriage; consent of parent or guardian.

      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)

      NRS 122.025  Marriage of persons less than 16 years of age: Consent of parent or guardian; authorization by court.

      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)

      NRS 122.030  Documents constituting presumptive evidence of marriage.

      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

      NRS 122.040  Marriage license: Requirements; issuance by county clerk; public records; expiration.

      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)

      NRS 122.045  Preparation of affidavit of correction to correct information in marriage license; fees.

      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)

      NRS 122.050  Form of marriage license.  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)

      NRS 122.055  Consolidation of forms for marriage; instructions for obtaining certified copy or abstract of certificate of marriage.

      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)

      NRS 122.060  Fees.

      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)

      NRS 122.061  Office hours for issuance of marriage licenses.

      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

      NRS 122.062  Licensed or ordained ministers and chaplains of Armed Forces to obtain certificates from county clerk; temporary replacements; solemnization by minister licensed or ordained in another state.

      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)

      NRS 122.064  Initial application for certificate: Form; required information. [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)

      NRS 122.064  Initial application for certificate: Form; required information. [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)

      NRS 122.065  Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duty of county clerk. [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)

      NRS 122.066  Certification by Secretary of State; issuance, term and expiration of certificates.

      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)

      NRS 122.067  Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [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)

      NRS 122.068  Revocation of certificates; hearing; duties of Secretary of State.

      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)

      NRS 122.071  Judicial review.  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)

      NRS 122.073  Additional regulations by county clerk.  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

      NRS 122.080  Solemnization of marriage by Supreme Court justice, district judge, justice of the peace, municipal judge and commissioner and deputy commissioner of civil marriages; unlawful acts.

      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)

      NRS 122.090  Marriage solemnized by unauthorized person: When valid.  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)

      NRS 122.100  Marriages solemnized between March 3, 1937, and March 24, 1943, validated.  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]

      NRS 122.103  Marriages solemnized by certain ministers before May 20, 1967, validated.  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)

      NRS 122.110  No particular form of solemnization required; witness.

      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)

      NRS 122.120  Certificate of marriage: Form.

      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)

      NRS 122.130  Certificate of marriage: Recording; loss or destruction before recording; replacement certificate; fees.

      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)

      NRS 122.135  Preparation of affidavit of correction to correct information in certificate of marriage; fees.

      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)

      NRS 122.140  Illegitimate children legitimatized.  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]

      NRS 122.150  Forms used by Friends or Quakers valid.  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]

      NRS 122.160  Marriages between Indians performed by tribal custom on reservation or in colony: Validity; certificate of declaration.

      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)

      NRS 122.170  Marriages between Indians consummated in accordance with tribal customs valid: Certificate of marriage; contents; recording.

      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

      NRS 122.173  Commissioner of civil marriages: County clerk is ex officio in larger counties; appointment of county clerk in smaller counties; solemnization of marriages; no additional compensation.

      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)

      NRS 122.175  Deputy commissioners of civil marriages: Appointment; powers and duties; compensation; number on duty.

      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)

      NRS 122.177  Area for solemnizing marriages.

      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)

      NRS 122.179  Clerical personnel, supplies and equipment to be provided by county.

      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)

      NRS 122.181  Fees for solemnizing marriages: Amounts; disposition.

      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)

      NRS 122.183  Hours of operation for office.  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)

      NRS 122.185  Signs required in office and rooms; contents.  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)

      NRS 122.187  Receipt of additional fees prohibited.  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)

      NRS 122.189  Prohibited acts.  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)

      NRS 122.191  Display and contents of signs indicating location of office.  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)

      NRS 122.193  Penalty.  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

      NRS 122.200  False statement to procure marriage license.  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)

      NRS 122.210  Unauthorized issuance of marriage license by county clerk.  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]

      NRS 122.215  Solicitation on courthouse property to perform marriage.  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)

      NRS 122.220  Solemnizing marriage without exhibition of marriage license.

      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)

      NRS 122.230  Failure of person solemnizing marriage to make and deliver certificate to county recorder.  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)

      NRS 122.240  Failure of county recorder to record certificate of marriage.  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)

      NRS 122.250  Willful making of false certificate of marriage.  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)

      NRS 122.260  Solemnization of marriage by unauthorized person or where legal impediment known.  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)

      NRS 122.270  Recovery of forfeitures by civil actions.  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]