2005 Nevada Revised Statutes - Chapter 122 — Marriage

Title 11 - DOMESTIC RELATIONS

CHAPTER 122 - MARRIAGE

GENERAL PROVISIONS

NRS 122.002 Commissionertownship defined.

VALIDITY OF MARRIAGE

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

NRS 122.020 Personscapable of marriage; consent of parent or guardian.

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

NRS 122.030 Documentsconstituting presumptive evidence of marriage.

AUTHENTICATION OF MARRIAGE

Licenses and Fees

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

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

NRS 122.050 Formof marriage license.

NRS 122.055 Consolidationof forms for marriage; instructions for obtaining certified copy or abstract ofcertificate of marriage.

NRS 122.060 Fees.

NRS 122.061 Officehours for issuance of marriage licenses.

Ministers Certificates of Permission to PerformMarriages

NRS 122.062 Licensedor ordained ministers and chaplains of Armed Forces to obtain certificates fromcounty clerk; temporary replacements; solemnization by minister licensed orordained in another state.

NRS 122.064 Initialapplication for certificate: Form; required information. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 122.064 Initialapplication for certificate: Form; required information. [Effective on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 122.065 Paymentof child support: Statement by applicant for certificate; grounds for denial ofcertificate; duty of county clerk. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

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

NRS 122.067 Suspensionof certificate for failure to pay child support or comply with certain subpoenasor warrants; reinstatement of certificate. [Expires by limitation on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

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

NRS 122.071 Judicialreview.

NRS 122.073 Additionalregulations by county clerk.

Solemnization

NRS 122.080 Solemnizationof 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 Marriagesolemnized by unauthorized person: When valid.

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

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

NRS 122.110 Noparticular form of solemnization required; witness.

NRS 122.120 Certificateof marriage: Form.

NRS 122.130 Certificateof marriage: Recording; loss or destruction before recording; replacementcertificate; fees.

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

NRS 122.140 Illegitimatechildren legitimatized.

NRS 122.150 Formsused by Friends or Quakers valid.

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

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

 

Commissioner of Civil Marriages

NRS 122.173 Commissionerof civil marriages: County clerk is ex officio in larger counties; appointmentof county clerk in smaller counties; solemnization of marriages; no additionalcompensation.

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

NRS 122.177 Areafor solemnizing marriages.

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

NRS 122.181 Feesfor solemnizing marriages: Amounts; disposition.

NRS 122.183 Hoursof operation for office.

NRS 122.185 Signsrequired in office and rooms; contents.

NRS 122.187 Receiptof additional fees prohibited.

NRS 122.189 Prohibitedacts.

NRS 122.191 Displayand contents of signs indicating location of office.

NRS 122.193 Penalty.

PROHIBITED ACTS AND PENALTIES

NRS 122.200 Falsestatement to procure marriage license.

NRS 122.210 Unauthorizedissuance of marriage license by county clerk.

NRS 122.215 Solicitationon courthouse property to perform marriage.

NRS 122.220 Solemnizingmarriage without exhibition of marriage license.

NRS 122.230 Failureof person solemnizing marriage to make and deliver certificate to countyrecorder.

NRS 122.240 Failureof county recorder to record certificate of marriage.

NRS 122.250 Willfulmaking of false certificate of marriage.

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

NRS 122.270 Recoveryof forfeitures by civil actions.

_________

GENERAL PROVISIONS

NRS 122.002 Commissionertownship defined. As used in this chapter,commissioner township means a township whose population is 15,500 or more, asmost recently certified by the Governor pursuant to NRS 360.285, and which is located in acounty 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 Whatconstitutes marriage; no common-law marriages after March 29, 1943.

1. Marriage, so far as its validity in law isconcerned, is a civil contract, to which the consent of the parties capable inlaw of contracting is essential. Consent alone will not constitute marriage; itmust be followed by solemnization as authorized and provided by this chapter.

2. The provisions of subsection 1 requiringsolemnization shall not invalidate any marriage contract in effect prior toMarch 29, 1943, to which the consent only of the parties capable in law ofcontracting the contract was essential.

[1:33:1861; A 1943, 279; 1943 NCL 4050]

NRS 122.020 Personscapable of marriage; consent of parent or guardian.

1. A male and a female person, at least 18 years ofage, not nearer of kin than second cousins or cousins of the half blood, andnot having a husband or wife living, may be joined in marriage.

2. A person at least 16 years of age but less than 18years 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 Marriageof 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 onlyif he has the consent of:

(a) Either parent; or

(b) Such persons legal guardian,

and suchperson also obtains authorization from a district court as provided insubsection 2.

2. In extraordinary circumstances, a district courtmay authorize the marriage of a person less than 16 years of age if the courtfinds that:

(a) The marriage will serve the best interests of suchperson; and

(b) Such person has the consent required by paragraph(a) or (b) of subsection 1.

Pregnancyalone does not establish that the best interests of such person will be servedby marriage, nor may pregnancy be required by a court as a condition necessaryfor its authorization for the marriage of such person.

(Added to NRS by 1957, 316; A 1975, 1817; 1977, 279)

NRS 122.030 Documentsconstituting presumptive evidence of marriage.

1. With respect to any marriage solemnized beforeJanuary 1, 1971, the original certificate and records of marriage made by thejudge, justice or minister, as prescribed in this chapter, and the recordthereof by the recorder of the county, or a copy or abstract of the recordcertified by the recorder, must be received in all courts and places aspresumptive evidence of the fact of the marriage.

2. With respect to any marriage solemnized on or afterJanuary 1, 1971, the original certificate and records of marriage made by thejudge, justice, minister, commissioner of civil marriages or deputycommissioner of civil marriages, as prescribed in this chapter, and the recordthereof by the recorder of the county, or a copy or abstract of the recordcertified by the recorder, must be received in all courts and places aspresumptive 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 Marriagelicense: Requirements; issuance by county clerk; public records; expiration.

1. Before persons may be joined in marriage, a licensemust be obtained for that purpose from the county clerk of any county in theState. Except as otherwise provided in this subsection, the license must beissued at the county seat of that county. The board of county commissioners:

(a) In a county whose population is 400,000 or moremay, at the request of the county clerk, designate two branch offices of thecounty clerk at which marriage licenses may be issued, if the designated branchoffices are located outside of the county seat.

(b) In a county whose population is less than 400,000may, at the request of the county clerk, designate one branch office of thecounty clerk at which marriage licenses may be issued, if the designated branchoffice is established in a county office building which is located outside ofthe county seat.

2. Before issuing a marriage license, the county clerkmay require evidence that the applicant for the license is of age. The countyclerk shall accept a statement under oath by the applicant and the applicantsparent, if available, that the applicant is of age.

3. The county clerk issuing the license shall requirethe applicant to answer under oath each of the questions contained in the formof license, and, if the applicant cannot answer positively any questions withreference to the other person named in the license, the clerk shall requireboth persons named in the license to appear before him and to answer, underoath, the questions contained in the form of license. The county clerk shallrequire the applicant to include his social security number and the socialsecurity number of the other person named in the license on the affidavit ofapplication for the marriage license. If either person does not have a socialsecurity number, the person responding to the question must state that fact.The county clerk shall not require any evidence to verify a social securitynumber. If any of the information required is unknown to the personresponding to the question, he must state that the answer is unknown.

4. If any of the persons intending to marry are underage and have not been previously married, and if the authorization of adistrict court is not required, the clerk shall issue the license if theconsent 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 makeoath that he saw the parent or guardian subscribe his name to the annexedcertificate, or heard him or her acknowledge it; or

(c) In writing, subscribed to and acknowledged before aperson authorized by law to administer oaths. A facsimile of the acknowledgedwriting must be accepted if the original is not available.

5. If the authorization of a district court isrequired, the county clerk shall issue the license if that authorization isgiven to him in writing.

6. All records pertaining to marriage licenses arepublic 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 Preparationof affidavit of correction to correct information in marriage license; fees.

1. Except as otherwise provided in subsection 2, ifany information in a marriage license is incorrect, the county clerk may chargeand collect from a person a fee of not more than $25 for the preparation of anaffidavit of correction.

2. The county clerk may not charge and collect from aperson any fee for the preparation of an affidavit of correction pursuant tosubsection 1 if the only errors to be corrected in the marriage license areclerical errors that were made by the county clerk.

3. All fees collected by the county clerk pursuant tothis section must be deposited in the county general fund.

(Added to NRS by 1999, 1322)

NRS 122.050 Formof marriage license. The marriage license mustbe 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 hasobtained a certificate of permission, any Supreme Court justice or districtjudge within this State, or justice of the peace within a township wherein heis permitted to solemnize marriages or if authorized pursuant to subsection 3of NRS 122.080, or a municipal judge ifauthorized pursuant to subsection 4 of NRS122.080 or any commissioner of civil marriages or his deputy within acommissioner township wherein they are permitted to solemnize marriages, tojoin in marriage ........ of (City, town or location) ........, State of........ State of birth (If not in U.S.A., name of country) ........; Date ofbirth ........ Fathers name ........ Fathers state of birth (If not inU.S.A., name of country) ........ Mothers maiden name ........ Mothers stateof 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 ........ Fathers name ........ Fathers state of birth (If notin U.S.A., name of country) ........ Mothers maiden name ........ Mothersstate of birth (If not in U.S.A., name of country) ........ Number of thismarriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........Annulled ........ When ........ Where ........; and to certify the marriageaccording to law.

Witness my hand and the seal of the county, this .....day of the month of . of the year ............

 

(Seal) Clerk

 

Deputyclerk

 

[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 Consolidationof forms for marriage; instructions for obtaining certified copy or abstract ofcertificate of marriage.

1. The county clerk of each county may place theaffidavit of application for a marriage license, the certificate of marriageand the marriage license on a single form.

2. The county clerk shall have printed or stamped onthe reverse of the form instructions for obtaining a certified copy orcertified 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 forissuing the license the sum of $21.

2. The clerk shall also at the time of issuing thelicense collect the sum of $10 and pay it over to the county recorder as hisfee for recording the originally signed copy of the certificate of marriagedescribed in NRS 122.120.

3. The clerk shall also at the time of issuing thelicense collect the additional sum of $4 for the State of Nevada. The feescollected for the State must be paid over to the county treasurer by the countyclerk on or before the fifth day of each month for the preceding calendarmonth, and must be placed to the credit of the State General Fund. The countytreasurer shall remit quarterly all such fees deposited by the clerk to theState Controller for credit to the State General Fund.

4. The clerk shall also at the time of issuing thelicense collect the additional sum of $20 for the Account for Aid for Victimsof Domestic Violence in the State General Fund. The fees collected for thispurpose must be paid over to the county treasurer by the county clerk on orbefore the fifth day of each month for the preceding calendar month, and mustbe placed to the credit of that Account. The county treasurer shall, on orbefore the 15th day of each month, remit those fees deposited by the clerk to theState 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 Officehours 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 mustbe open to the public for the purpose of issuing such licenses from 8 a.m. to12 p.m. every day including holidays, and may remain open at other times. Theboard of county commissioners shall determine the hours during which a branchoffice of the county clerk where marriage licenses may be issued must remainopen to the public.

2. In all other counties, the board of countycommissioners shall determine the hours during which the offices where marriagelicenses 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 Licensedor ordained ministers and chaplains of Armed Forces to obtain certificates fromcounty clerk; temporary replacements; solemnization by minister licensed orordained in another state.

1. Any licensed or ordained minister in good standingwithin his denomination, whose denomination, governing body and church, or anyof them, are incorporated or organized or established in this state, may jointogether as husband and wife persons who present a marriage license obtainedfrom any county clerk of the State, if the minister first obtains a certificateof permission to perform marriages as provided in this section and NRS 122.064 to 122.073, inclusive. The fact that aminister is retired does not disqualify him from obtaining a certificate ofpermission to perform marriages if, before his retirement, he had active chargeof a congregation within this state for a period of at least 3 years.

2. A temporary replacement for a licensed or ordainedminister certified pursuant to this section and NRS 122.064 to 122.073, inclusive, may solemnize marriagespursuant to subsection 1 during such time as he may be authorized to do so bythe county clerk in the county in which he is a temporary replacement, for aperiod not to exceed 90 days. The minister whom he temporarily replaces shallprovide him with a written authorization which states the period during whichit is effective.

3. Any chaplain who is assigned to duty in this stateby the Armed Forces of the United States may solemnize marriages if he obtainsa certificate of permission to perform marriages from the county clerk of thecounty in which his duty station is located. The county clerk shall issue sucha certificate to a chaplain upon proof by him of his military status as achaplain and of his assignment.

4. A county clerk may authorize a licensed or ordainedminister whose congregation is in another state to perform marriages in thecounty if the county clerk satisfies himself that the minister is in goodstanding with his denomination or church. The authorization must be in writingand need not be filed with any other public officer. A separate authorizationis required for each marriage performed. Such a minister may perform not morethan 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 Initialapplication for certificate: Form; required information. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child support proceedings.]

1. A certificate of permission may be obtained onlyfrom the county clerk of the county in which the minister resides, after thefiling of a proper application. The initial application must:

(a) Be in writing and be verified by theapplicant or his superior.

(b) Include the date of licensure or ordination, orboth, of the minister, and the name of the denomination, governing body andchurch, or any of them, with which he is affiliated.

(c) Include the social security number of theapplicant.

(d) Be accompanied by two copies of the denominationalstanding of the applicant, one of which the county clerk shall file with theSecretary of State.

2. To determine the qualifications of any minister whohas filed an application for a certificate, the county clerk with whom theapplication has been filed may require:

(a) The congregation of the minister to furnishany evidence which the county clerk considers necessary or helpful.

(b) The district attorney and the sheriff to conductan 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, satisfyhimself that:

(a) The applicants ministry is primarily one ofservice to his congregation or denomination, and that his performance ofmarriages will be incidental to that service, or, in the case of a retiredminister, that his active ministry was of such a nature.

(b) No certificate previously issued to the applicanthas been cancelled for a knowing violation of the laws of this state orof 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 tosubmit 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 federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. A certificate of permission may be obtained onlyfrom the county clerk of the county in which the minister resides, after thefiling of a proper application. The initial application shall:

(a) Be in writing and verified by the applicant or hissuperior.

(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 denominationalstanding of the applicant, one of which the county clerk shall file with theSecretary of State.

2. For the purpose of determining the qualificationsof any minister who has filed an application for a certificate, the countyclerk with whom such application has been filed may require that:

(a) The congregation of such minister furnish anyevidence which the county clerk considers necessary or helpful.

(b) The district attorney and the sheriff to conductan 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 satisfyhimself that:

(a) The applicants ministry is primarily one ofservice to his congregation or denomination, and that his performance ofmarriages will be incidental to such service, or, in the case of a retiredminister, that his active ministry was of such a nature.

(b) No certificate previously issued to the applicanthas been cancelled for a knowing violation of the laws of this state orof the United States.

(c) The applicant has not been convicted of a felony,released from confinement or completed his parole or probation, whicheveroccurs later, within 10 years before the date of the application.

4. The county clerk may require any applicant tosubmit 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 requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 122.065 Paymentof child support: Statement by applicant for certificate; grounds for denial ofcertificate; duty of county clerk. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance of a certificate ofpermission shall submit to the county clerk the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The county clerk shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 bythe county clerk if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the county clerk shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2039)

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

1. If the county clerk approves an application, heshall notify the Secretary of State of such approval within 10 days thereafter.After receipt of such notification, the Secretary of State shall immediatelycertify the name of such minister to each county clerk and county recorder inthe State.

2. A certificate of permission shall be valid untilthe county clerk has received:

(a) A written statement that the minister is no longerin good standing within his denomination, signed by a trustee, warden,responsible superior or other officer of such ministers congregationauthorized to speak for it; or

(b) A written statement that the minister to whom acertificate of permission was granted is no longer a minister, signed by atrustee, warden, responsible superior or other officer of such formerministers congregation authorized to speak for it.

3. The written statements required to be sent by atrustee, warden, responsible supervisor or other officer of a congregationpursuant to subsection 2 shall be sent to the county clerk within 5 daysfollowing the time the minister ceased to be a member of the denomination ingood standing or ceased to be a minister of the congregation.

4. If the county clerk in the county where thecertificate of permission was issued has reason to believe that the minister isno longer in good standing within his denomination, or that he is no longer aminister, or that such denomination no longer exists, such clerk may requiresatisfactory proof of such ministers denominational standing. If such proof isnot presented within 15 days, the county clerk shall revoke the certificate ofpermission and shall so notify the Secretary of State.

5. If any minister to whom a certificate of permissionhas been issued severs ties with his congregation or moves from the county inwhich his certificate was issued, the certificate shall expire immediately uponsuch severance or move, and the trustee, warden, responsible superior or otherofficer of the congregation authorized to speak for it shall, within 5 daysfollowing the severance or move, give written notice of the fact of suchseverance or move to the county clerk who issued the certificate.

(Added to NRS by 1967, 1290; A 1969, 92; 1971, 1550)

NRS 122.067 Suspensionof certificate for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certificate. [Expires by limitation onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child support proceedings.]

1. If a county clerk receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a certificateof permission, the county clerk shall deem the certificate of permission issuedto that person to be suspended at the end of the 30th day after the date onwhich the court order was issued unless the county clerk receives a letterissued to the holder of the certificate of permission by the district attorneyor other public agency pursuant to NRS425.550 stating that the holder of the certificate of permission hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

2. A county clerk shall reinstate a certificate ofpermission that has been suspended by a district court pursuant to NRS 425.540 if the county clerk receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificateof permission was suspended stating that the person whose certificate ofpermission was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2040)

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

1. Any county clerk who has issued a certificate ofpermission to a minister may revoke such certificate for good cause shown afterhearing.

2. If the certificate of any minister is revoked, thecounty clerk shall inform the Secretary of State of such fact, and theSecretary of State shall immediately remove the name of such minister from thelist and shall notify each county clerk and county recorder in the State ofsuch fact.

(Added to NRS by 1967, 1291)

NRS 122.071 Judicialreview. Any minister whose application for acertificate of permission or renewal is denied, or whose certificate ofpermission is revoked, is entitled to judicial review of such action in thedistrict court of the county in which such action was taken.

(Added to NRS by 1967, 1291)

NRS 122.073 Additionalregulations by county clerk. Each county clerkmay prescribe additional regulations, which shall not conflict with theprovisions of this chapter, relating to the issuance and revocation ofcertificates of permission.

(Added to NRS by 1967, 1291)

Solemnization

NRS 122.080 Solemnizationof 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 previouslyissued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice ofthe Supreme Court, any judge of the district court, any justice of the peace inhis township if it is not a commissioner township, any justice of the peace ina commissioner township if authorized pursuant to subsection 3, any municipaljudge if authorized pursuant to subsection 4, any commissioner of civilmarriages within his county and within a commissioner township therein, or anydeputy commissioner of civil marriages within the county of his appointment andwithin a commissioner township therein, to join together as husband and wifeall persons not prohibited by this chapter.

2. This section does not prohibit:

(a) A justice of the peace of one township, whileacting in the place and stead of the justice of the peace of any othertownship, from performing marriage ceremonies within the other township, ifsuch other township is not a commissioner township.

(b) A justice of the peace of one township performingmarriages in another township of the same county where there is no dulyqualified and acting justice of the peace, if such other township is not acommissioner township or if he is authorized to perform the marriage pursuantto subsection 3.

3. In any calendar year, a justice of the peace mayperform not more than 20 marriage ceremonies in commissioner townships if hedoes not accept any fee, gratuity, gift, honorarium or anything of value for orin connection with solemnizing the marriage other than a nonmonetary gift thatis of nominal value.

4. In any calendar year, a municipal judge may performnot more than 20 marriage ceremonies in this State if he does not accept anyfee, gratuity, gift, honorarium or anything of value for or in connection withsolemnizing the marriage other than a nonmonetary gift that is of nominalvalue.

5. Any justice of the peace who performs a marriageceremony in a commissioner township or any municipal judge who performs amarriage ceremony in this State and who, in violation of this section, acceptsany fee, gratuity, gift, honorarium or anything of value for or in connectionwith 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 Marriagesolemnized by unauthorized person: When valid. Nomarriage solemnized before any person professing to be a judge, justice,minister, commissioner of civil marriages or deputy commissioner of civilmarriages shall be deemed or adjudged to be void, nor shall the validitythereof be in any way affected on account of any want of jurisdiction orauthority, provided it be consummated with a full belief on the part of thepersons so married, or either of them, that they have been lawfully joined inmarriage.

[13:33:1861; B 206; BH 482; C 493; RL 2349;NCL 4061](NRS A 1969, 764)

NRS 122.100 Marriagessolemnized between March 3, 1937, and March 24, 1943, validated. All marriages solemnized since March 3, 1937, and performedin the manner prescribed and required by section 4 of chapter 33, Statutes ofNevada 1861, prior to its repeal on March 3, 1937, are hereby expresslyvalidated. All such marriages so solemnized and performed between March 3,1937, and March 24, 1943, are hereby declared to be valid to all intents andpurposes to the same extent as if section 4 of chapter 33, Statutes of Nevada1861, had not been repealed on March 3, 1937.

[4a:33:1861; added 1943, 208; 1943 NCL 4052]

NRS 122.103 Marriagessolemnized by certain ministers before May 20, 1967, validated. All marriages solemnized by ministers holding certificatesof permission issued pursuant to former NRS 122.070 are herebyexpressly validated.

(Added to NRS by 1967, 1291)

NRS 122.110 Noparticular form of solemnization required; witness.

1. In the solemnization of marriage, no particularform is required except that the parties shall declare, in the presence of thejustice, judge, minister, justice of the peace, commissioner of civil marriagesor deputy commissioner of civil marriages, and the attending witness, that theytake each other as husband and wife.

2. In every case there shall be at least one witnesspresent 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 Certificateof marriage: Form.

1. After a marriage is solemnized, the personsolemnizing the marriage shall give to each couple being married a certificateof marriage.

2. The certificate of marriage must be in substantiallythe 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 ofthe peace of ................................ County, commissioner of civilmarriages or deputy commissioner of civil marriages, as the case may be), didon the ................ day of the month of . of the year ...............,at ................ (address or church), ................ (city), Nevada, joinin lawful wedlock ................ (name), of ................ (city), State of................ and ................ (name), of ................(city), Stateof ................ with their mutual consent, in the presence of ................and ................ (witnesses).

 

Signatureof person performing

(Seal of County Clerk) themarriage

 

Nameunder signature typewritten

orprinted in black ink

 

............................................................................

County Clerk

 

Officialtitle of person performing

themarriage

 

............................................................................

 

............................................................................

Couples mailing address

 

3. All information contained in the certificate ofmarriage must be typewritten or legibly printed in black ink, except thesignatures. The signature of the person performing the marriage must be anoriginal 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 Certificateof marriage: Recording; loss or destruction before recording; replacementcertificate; fees.

1. Each person who solemnizes a marriage shall make arecord of it and, within 10 days after the marriage, shall deliver to thecounty recorder of the county where the license was issued a copy of thecertificate of marriage required by NRS122.120.

2. If the copy of the certificate of marriage that isheld by the person who solemnizes the marriage is lost or destroyed before itis delivered to the county recorder pursuant to subsection 1, the county clerkmay charge and collect from the person who solemnizes the marriage a fee of notmore than $15 for the preparation of an affidavit of loss or destruction andthe issuance of a replacement certificate. All fees collected by the countyclerk pursuant to this subsection must be deposited in the county general fund.

3. All copies of certificates must be recorded by thecounty recorder in a book to be kept by him for that purpose. For recording thecopies, the county recorder is entitled to the fees designated in subsection 2of NRS 122.060 and subsection 3 of NRS 122.135. All such fees must bedeposited 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 Preparationof affidavit of correction to correct information in certificate of marriage;fees.

1. Except as otherwise provided in subsection 2, ifany information in a certificate of marriage is incorrect, the county clerk orthe 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 recordermay charge and collect from a person any fee for the preparation of anaffidavit of correction pursuant to subsection 1 if the only errors to becorrected in the certificate of marriage are clerical errors that were made bythe county clerk.

3. Whether or not a person is required to pay any feefor the preparation of an affidavit of correction pursuant to subsection 1:

(a) The county clerk shall charge and collect from theperson a fee in an amount equal to the amount that the county recorder isrequired to charge and collect pursuant to NRS247.305 and shall pay the fee over to the county recorder as his fee forrecording the corrected certificate of marriage; or

(b) The county recorder shall charge and collect fromthe person the fee set forth in NRS 247.305for recording the corrected certificate of marriage.

4. All fees collected pursuant to this section must bedeposited in the county general fund.

(Added to NRS by 1999, 1322)

NRS 122.140 Illegitimatechildren legitimatized. Illegitimate childrenshall become legitimatized by the subsequent marriage of their parents witheach other.

[15:33:1861; B 208; BH 484; C 495; RL 2351;NCL 4063]

NRS 122.150 Formsused by Friends or Quakers valid. Allmarriages solemnized among the people called Friends or Quakers, in theforms heretofore practiced and in use in their meetings, shall be good andvalid.

[17:33:1861; B 210; BH 486; C 497; RL 2353;NCL 4065]

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

1. Marriages between Indians performed in accordancewith tribal customs within closed Indian reservations and Indian colonies havethe same validity as marriages performed in any other manner provided for bythe laws of this state, if there is recorded in the county in which themarriage takes place, within 30 days after the performance of the tribalmarriage, a certificate declaring the marriage to have been performed.

2. The certificate of declaration required to be recordedby subsection 1 must include the names of the persons married, their ages,social security numbers, tribe, andplace and date of marriage. The certificate must be signed by an official ofthe tribe, reservation or colony.

3. The certificate must be recorded with the recorderof the county in which the marriage was performed and recorded by him withoutcharge.

[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 Marriagesbetween Indians consummated in accordance with tribal customs valid:Certificate of marriage; contents; recording.

1. Marriages between Indians heretofore or hereafterconsummated in accordance with tribal custom shall be of the same validity asmarriages performed in any other manner provided for by the laws of the Stateof Nevada.

2. A certificate of any such marriage may be signedby:

(a) An official of the tribe of which at least one ofthe parties is a member; or

(b) An official of the reservation or colony in or uponwhich at least one of the parties shall at the time reside; or

(c) The superintendent of an Indian agency legallyestablished in this State by the United States.

3. The certificate may be filed in the office of therecorder of the county where such marriage shall have taken place, and within30 days thereafter, and such certificate or a certified copy thereof shall beprima facie evidence of the facts therein recited.

4. The certificate shall give the names of the partiesmarried, their ages, tribe, and the place and date of the marriage, and shallshow the official status of the person signing the same.

5. Any certificate, affidavit or other type of proofrecognized by the United States, or any department thereof, as proof of a validtribal marriage, regardless of when or where the tribal marriage shall havebeen entered into shall be proof of the validity of such tribal marriage in theState of Nevada.

[1:97:1945; 1943 NCL 4072.03] + [2:97:1945; 1943NCL 4072.04] + [3:97:1945; 1943 NCL 4072.05]

Commissioner of Civil Marriages

NRS 122.173 Commissionerof civil marriages: County clerk is ex officio in larger counties; appointmentof county clerk in smaller counties; solemnization of marriages; no additionalcompensation.

1. In a county whose population is 400,000 or more andin which a commissioner township is located, the county clerk shall:

(a) Be commissioner of civil marriages for suchtownship; and

(b) Solemnize marriages within each commissionertownship located within his county.

2. In a county whose population is less than 400,000and in which a commissioner township is located, the board of countycommissioners may, by ordinance, appoint the county clerk to act as thecommissioner of civil marriages. Such an ordinance may authorize thecommissioner of civil marriages to solemnize marriages within each commissionertownship located within the county.

3. The county clerk is not entitled to receiveadditional compensation for acting in the capacity of commissioner of civilmarriages.

(Added to NRS by 1969, 765; A 1993, 34)

NRS 122.175 Deputycommissioners 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 civilmarriages. Such deputies shall:

(a) Solemnize marriages in commissioner townships underthe direction of the commissioner; and

(b) Perform such other duties as the commissioner maydirect.

2. In a county whose population is less than 400,000and in which the board of county commissioners has appointed the county clerkto act as the commissioner of civil marriages, the board may, by ordinance,establish the number of deputy commissioners of civil marriages which may beappointed by the commissioner of civil marriages to carry out the duties setforth in subsection 1.

3. No deputy commissioner of civil marriages maysolemnize marriages at any time other than during the working hours or shiftduring which he is employed.

4. The deputy commissioners of civil marriages areemployees of the county clerks office and are entitled to be compensated by asalary and by such other benefits as are available to other county personnelregularly employed in the same county clerks office. The compensation of anydeputy commissioner of civil marriages must not be based in any manner upon thenumber or volume of marriages that he may solemnize in the performance of hisduties.

5. In counties in which deputy commissioners of civilmarriages are employed, no more than two deputy commissioners may be on dutywithin the courthouse of such a county for the purpose of solemnizing marriagesat any one time.

(Added to NRS by 1969, 765; A 1993, 34)

NRS 122.177 Areafor solemnizing marriages.

1. The county shall provide a suitable area separatefrom the marriage license bureau or other place where marriage licenses are issuedfor the solemnizing of marriages.

2. The area shall be:

(a) Appropriately furnished by the county to provide atranquil atmosphere and the solemnizing ceremony shall be privately conductedin a dignified manner without haste; and

(b) Situated in a building entirely separate from andunconnected with any building in which marriage licenses are issued.

(Added to NRS by 1969, 766; A 1979, 637)

NRS 122.179 Clericalpersonnel, 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 personnelnecessary for the proper operation of the office of the commissioner of civilmarriages.

2. The county clerk shall establish the office of thecommissioner of civil marriages as a separate office and shall maintainseparate records for that office.

(Added to NRS by 1969, 766; A 1977, 576)

NRS 122.181 Feesfor solemnizing marriages: Amounts; disposition.

1. The commissioner of civil marriages or his deputycommissioner of civil marriages is entitled to receive as his fee forsolemnizing a marriage $45. The fee must be deposited in the county generalfund.

2. The commissioner of civil marriages or his deputycommissioner of civil marriages shall also at the time of solemnizing amarriage collect the additional sum of $5 for the Account for Aid for Victimsof Domestic Violence in the State General Fund. The fees collected for thispurpose must be paid over to the county treasurer by the county clerk on orbefore the fifth day of each month for the preceding calendar month, and mustbe credited to that Account. The county treasurer shall, on or before the 15thday of each month, remit those fees deposited by the clerk to the StateController for credit to that Account.

(Added to NRS by 1969, 766; A 1975, 540; 1991, 1867;2001; 3217)

NRS 122.183 Hoursof operation for office. The board of county commissioners may, byordinance, determine the hours of operation for the office of the commissionerof civil marriages.

(Added to NRS by 1969, 766; A 1979, 637; 1993, 29,35, 2261, 2262; 2003,341)

NRS 122.185 Signsrequired in office and rooms; contents. Theoffice of the commissioner of civil marriages and each room therein shallprominently display on the wall, or other appropriate place, a sign informingall people who avail themselves of the services of the commissioner of civilmarriages of the following facts:

1. That the solemnization of the marriage by thecommissioner of civil marriages is not necessary for a valid marriage and thatthe parties wishing to be married may have a justice of the peace within atownship where such justice of the peace is permitted to perform marriages, orany minister of their choice who holds a valid certificate within the Stateperform the ceremony;

2. The amount of the fee to be charged forsolemnization of a marriage, including any extra charge to be made forsolemnizing a marriage after regular working hours in the office of thecommissioner of civil marriages;

3. That all fees charged are paid into the countygeneral fund of the particular county involved;

4. That other than the statutory fee, the commissionerof civil marriages and the deputy commissioners of civil marriages areprecluded by law from receiving any gratuity fee or remuneration whatsoever forsolemnizing a marriage; and

5. That if the commissioner of civil marriages, anydeputy commissioner of civil marriages, or any other employee in the office ofthe commissioner or in the office of the county clerk solicits such an extragratuity fee or other remuneration, the matter should be reported to thedistrict attorney for such county.

(Added to NRS by 1969, 766)

NRS 122.187 Receiptof additional fees prohibited. No other feemay be charged or received by the commissioner of civil marriages forsolemnizing a marriage or for any other pertinent service other than the feeestablished by NRS 122.181.

(Added to NRS by 1969, 767)

NRS 122.189 Prohibitedacts. It is unlawful for the commissioner ofcivil marriages, any deputy commissioner, or any employee in the office of thecommissioner 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 feessolicited or received by any other person; or

3. Influence or attempt to influence any person tohave a marriage solemnized in the office of the commissioner of civilmarriages.

(Added to NRS by 1969, 767; A 1977, 576)

NRS 122.191 Displayand contents of signs indicating location of office. Signsmay be displayed to inform any person of the location of the office of thecommissioner of civil marriages. Such signs shall have printed thereon only thefollowing words: Office of the Commissioner of Civil Marriages. Such signsshall be displayed in a conservative manner commensurate with the dignifiedfunction 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 amisdemeanor.

(Added to NRS by 1969, 767)

PROHIBITED ACTS AND PENALTIES

NRS 122.200 Falsestatement to procure marriage license. Anyperson who shall make a false statement in procuring a marriage license withreference to any matter required by NRS122.040 and 122.050 to be statedunder 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 Unauthorizedissuance of marriage license by county clerk. Ifany county clerk shall issue or sign any marriage license in any manner otherthan is authorized by this chapter, he shall forfeit and pay a sum notexceeding $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 Solicitationon courthouse property to perform marriage. Itis unlawful for any county employee, commercial wedding chapel employee orother person to solicit or otherwise influence, while on county courthouseproperty, any person to be married by a marriage commissioner or justice of thepeace or at a commercial wedding chapel.

(Added to NRS by 1977, 577)

NRS 122.220 Solemnizingmarriage without exhibition of marriage license.

1. It is unlawful for any Supreme Court justice, judgeof a district court, justice of the peace, municipal judge, minister of anyreligious society or congregation, commissioner of civil marriages or deputycommissioner of civil marriages to join together as husband and wife personsallowed by law to be joined in marriage, until the persons proposing suchmarriage exhibit to him a license from the county clerk as provided by law.

2. Any Supreme Court justice, judge of a districtcourt, justice of the peace, municipal judge, minister, commissioner of civilmarriages or deputy commissioner of civil marriages who violates the provisionsof subsection 1 is guilty of a misdemeanor.

[1911 C&P 214; RL 6479; NCL 10162] + [1911C&P 215; RL 6480; NCL 10163](NRS A 1967, 530; 1969, 765; 1993, 1463)

NRS 122.230 Failureof person solemnizing marriage to make and deliver certificate to countyrecorder. Every person solemnizing a marriagewho fails or neglects to make and deliver to the county recorder an originallysigned 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 Failureof county recorder to record certificate of marriage. Everycounty recorder who fails or neglects to record a copy of a certificate of marriageas 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 Willfulmaking of false certificate of marriage. Ifany person shall willfully make any false certificate of any marriage orpretended 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 Solemnizationof 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 theexistence of any legal impediment to the proposed marriage, he is guilty of amisdemeanor.

[12:33:1861; B 205; BH 481; C 492; RL 2348;NCL 4060](NRS A 1967, 530)

NRS 122.270 Recoveryof forfeitures by civil actions. In all caseswhen a violation of the provisions of this chapter is not declared amisdemeanor or gross misdemeanor, the fines and forfeitures shall be recoveredby a civil action, to be brought by any person aggrieved or by the countytreasurer.

[16:33:1861; B 209; BH 485; C 496; RL 2352;NCL 4064]

 

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