NRS 122.062 Licensed, ordained or appointed ministers, other church or religious officials authorized to solemnize a marriage, notaries public and chaplains of Armed Forces to obtain certificates from county clerk; temporary replacements; solemnization by minister or other authorized person who resides in another state or who is retired.
1. Any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, or a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of 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, other church or religious official authorized to solemnize a marriage or notary public first obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.
2. A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.
3. Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment.
4. A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, or a notary public may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must:
(a) Include the full names and addresses of the persons to be married;
(b) Include the date and location of the marriage ceremony;
(c) Include the information and documents required pursuant to subsection 1 of NRS 122.064; and
(d) Be accompanied by an application fee of $25.
5. A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State. 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. A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other church or religious officials authorized to solemnize a marriage or notaries public to the same extent as if he or she had obtained a certificate of permission to perform marriages.
1. The Secretary of State shall establish and maintain a
statewide database of ministers or other persons authorized to solemnize
a marriage. The database must:
(a) Serve as the official list of ministers or other persons authorized to solemnize a marriage approved in this State;
(b) Provide for a single method of storing and managing the official list;
(c) Be a uniform, centralized and interactive database;
(d) Be electronically secure and accessible to each county clerk in this State;
(e) Contain the name, mailing address and other pertinent
information of each minister or other person authorized to solemnize a
marriage as prescribed by the Secretary of State; and
(f) Include a unique identifier assigned by the Secretary of State
to each minister or other person authorized to solemnize a marriage.
2. If the county clerk approves an application for a certificate
of permission to perform marriages, the county clerk shall:
(a) Enter all information contained in the application into the
electronic statewide database of ministers or other persons authorized
to solemnize a marriage maintained by the Secretary of State not later
than 10 days after the certificate of permission to perform marriages is
approved by the county clerk; and
(b) Provide to the Secretary of State all information related to
the minister or other person authorized to solemnize a marriage pursuant
to paragraph (e) of subsection 1.
3. Upon approval of an application pursuant to subsection 2, the
minister or other person authorized to solemnize a marriage:
(a) Shall comply with the laws of this State governing the
solemnization of marriage and conduct of ministers or other persons
authorized to solemnize a marriage;
(b) Is subject to further review or investigation by the county
clerk to ensure that he or she continues to meet the statutory
requirements for a person authorized to solemnize a marriage; and
(c) Shall provide the county clerk with any changes to his or her
status or information, including, without limitation, the address or
telephone number of the church or religious organization or any other
information pertaining to certification.
4. A certificate of permission is valid until the county clerk
has received an affidavit of revocation of authority to solemnize
marriages pursuant to NRS 122.0665.
5. An affidavit of revocation of authority to solemnize marriages
that is received pursuant to subsection 4 must be sent to the county
clerk within 5 days after the minister or other person authorized to
solemnize a marriage ceased to be a member of the church or religious
organization in good standing or ceased to be a minister or other person
authorized to solemnize a marriage for the church or religious
organization.
6. If the county clerk in the county where the certificate of
permission was issued has reason to believe that the minister or other
person authorized to solemnize a marriage is no longer in good standing
within his or her church or religious organization, or that he or she is
no longer a minister or other person authorized to solemnize a
marriage, or that such church or religious organization no longer
exists, the county clerk may require satisfactory proof of the good
standing of the minister or other person authorized to solemnize a
marriage. If such proof is not presented within 15 days, the county
clerk shall revoke the certificate of permission by amending the
electronic record of the minister or other person authorized to
solemnize a marriage in the statewide database pursuant to subsection 1.
7. If any minister or other person authorized to solemnize a
marriage to whom a certificate of permission has been issued severs ties
with his or her church or religious organization or moves from the
county in which his or her certificate was issued, the certificate shall
expire immediately upon such severance or move, and the church or
religious organization shall, within 5 days after the severance or move,
file an affidavit of revocation of authority to solemnize marriages
pursuant to NRS 122.0665. If the minister or other person authorized to
solemnize a marriage voluntarily advises the county clerk of the county
in which his or her certificate was issued of his or her severance with
his or her church or religious organization, or that he or she has moved
from the county, the certificate shall expire immediately upon such
severance or move without any notification to the county clerk by the
church or religious organization.
8. The Secretary of State may adopt regulations concerning the
creation and administration of the statewide database. This section does
not prohibit the Secretary of State from making the database publicly
accessible for the purpose of viewing ministers or other persons who are
authorized to solemnize a marriage in this State.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 1967, 1290; A 1969, 92; 1971, 1550; 2009, 728)
As used in this chapter, unless the context otherwise requires,
the words and terms defined in NRS 122.002 and 122.006 have the meanings
ascribed to them in those sections.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - General Provisions
(Added to NRS by 2009, 722)
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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - General Provisions
(Added to NRS by 1969, 765; A 1971, 1552; 1995, 247; 1997, 178; 2009, 723)?(Substituted in revision for NRS 122.171)
Other person authorized to solemnize a marriage means a person of
any church or religious organization, other than a minister, who has
been authorized to solemnize a marriage according to the usages of that
church or religious organization.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - General Provisions
(Added to NRS by 2009, 722)
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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Validity of Marriage
[1:33:1861; A 1943, 279; 1943 NCL § 4050]
1. Except as otherwise provided in this section, 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 male and a female person who are the husband and wife of
each other may be rejoined in marriage if the record of their marriage
has been lost or destroyed or is otherwise unobtainable.
3. A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:
(a) Either parent; or
(b) Such person?s legal guardian.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Validity of Marriage
[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;
2009, 1503)
1. A person less than 16 years of age may marry only if the person 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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Validity of Marriage
(Added to NRS by 1957, 316; A 1975, 1817; 1977, 279)
1. With respect to any marriage solemnized before January 1,
1971, the original certificate and records of marriage made by the
judge, justice or minister, as prescribed in this chapter, and the
record thereof by the recorder of the county, or a copy or abstract of
the record certified by the recorder, must be received in all courts and
places as presumptive evidence of the fact of the marriage.
2. With respect to any marriage solemnized on or after January 1,
1971, the original certificate and records of marriage made by the
judge, justice, minister or other person authorized to solemnize a
marriage, commissioner of civil marriages or deputy commissioner of
civil marriages, as prescribed in this chapter, and the record thereof
by the county recorder or the county clerk, as the case may be, or a
copy or abstract of the record certified by the county recorder or the
county clerk, as the case may be, must be received in all courts and
places as presumptive evidence of the fact of the marriage.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Validity of Marriage
[14:33:1861;
B § 207; BH § 483; C § 494; RL
§ 2350; NCL § 4062]?(NRS A 1969, 763; 1991, 69;
2007, 887; 2009, 723)
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:
(1) Shall designate one branch office of the county clerk at
which marriage licenses may be issued and shall establish and maintain
the designated branch office in an incorporated city whose population is
150,000 or more but less than 300,000; and
(2) May, in addition to the branch office described in
subparagraph (1), at the request of the county clerk, designate not more
than four 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. Except as otherwise provided in this section, before issuing a
marriage license, the county clerk shall require each applicant to
provide proof of the applicant?s name and age. The county clerk may
accept as proof of the applicant?s name and age an original or certified
copy of any of the following:
(a) A driver?s license, instruction permit or identification card
issued by this State or another state, the District of Columbia or any
territory of the United States.
(b) A passport.
(c) A birth certificate and:
(1) Any secondary document that contains the name and a photograph of the applicant; or
(2) Any document for which identification must be verified as a condition to receipt of the document.
Ê If the birth certificate is written in a language other than English,
the county clerk may request that the birth certificate be translated
into English and notarized.
(d) A military identification card or military dependent
identification card issued by any branch of the Armed Forces of the
United States.
(e) A Certificate of Citizenship, Certificate of Naturalization,
Permanent Resident Card or Temporary Resident Card issued by the United
States Citizenship and Immigration Services of the Department of
Homeland Security.
(f) Any other document that provides the applicant?s name and age.
If the applicant clearly appears over the age of 25 years, no
documentation of proof of age is required.
3. Except as otherwise provided in subsection 4, the county clerk
issuing the license shall require each applicant to answer under oath
each of the questions contained in the form of license. The county clerk
shall, except as otherwise provided in this subsection, require each
applicant to include the applicant?s social security number on the
affidavit of application for the marriage license. If a person does not
have a social security number, the person 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, the
person must state that the answer is unknown. The county clerk shall
not deny a license to an applicant who states that the applicant does
not have a social security number or who states that any requested
information concerning the applicant?s parents is unknown.
4. Upon finding that extraordinary circumstances exist which
result in only one applicant being able to appear before the county
clerk, the county clerk may waive the requirements of subsection 3 with
respect to the person who is unable to appear before the county clerk,
or may refer the applicant to the district court. If the applicant is
referred to the district court, the district court may waive the
requirements of subsection 3 with respect to the person who is unable to
appear before the county clerk. If the district court waives the
requirements of subsection 3, the district court shall notify the county
clerk in writing. If the county clerk or the district court waives the
requirements of subsection 3, the county clerk shall require the
applicant who is able to appear before the county clerk to:
(a) Answer under oath each of the questions contained in the form
of license. The applicant shall answer any questions with reference to
the other person named in the license.
(b) Include the applicant?s 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.
Ê If any of the information required on the application is unknown to
the person responding to the question, the person must state that the
answer is unknown. The county clerk shall not deny a license to an
applicant who states that the applicant does not have a social security
number or who states that any requested information concerning the
parents of either the person who is responding to the question or the
person who is unable to appear is unknown.
5. 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 the witness saw the parent or guardian subscribe his or her 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.
6. If a parent giving consent to the marriage of a minor pursuant
to subsection 5 has a last name different from that of the minor
seeking to be married, the county clerk shall accept, as proof that the
parent is the legal parent of the minor, a certified copy of the birth
certificate of the minor which shows the parent?s first and middle name
and which matches the first and middle name of the parent on any
document listed in subsection 2.
7. If the authorization of a district court is required, the
county clerk shall issue the license if that authorization is given to
the county clerk in writing.
8. All records pertaining to marriage licenses are public records
and open to inspection pursuant to the provisions of NRS 239.010.
9. A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Licenses and Fees
[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; 2007, 1053;
2009, 1503)
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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Licenses and Fees
(Added to NRS by 1999, 1322)
The marriage license must contain the name of each applicant as
shown in the documents presented pursuant to subsection 2 of NRS 122.040
and 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 or other person
authorized to solemnize a marriage who has obtained a certificate of
permission to perform marriages, any Supreme Court justice or district
judge within this State, or justice of the peace within a township
wherein the justice of the peace 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 or her 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
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Licenses and Fees
[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; 2007,
1055; 2009, 723)
1. The county clerk 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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Licenses and Fees
(Added to NRS by 1987, 1419; A 1991, 69; 2007, 887)
1. The county clerk is entitled to receive as his or her fee for issuing a marriage license the sum of $21.
2. The county clerk shall also at the time of issuing the marriage license:
(a) Collect the sum of $10 and:
(1) If the board of county commissioners has adopted an
ordinance pursuant to NRS 246.100, deposit the sum into the county
general fund pursuant to NRS 246.180 for filing the originally signed
copy of the certificate of marriage described in NRS 122.120.
(2) If the board of county commissioners has not adopted an
ordinance pursuant to NRS 246.100, pay it over to the county recorder as
his or her fee for recording the originally signed copy of the
certificate of marriage described in NRS 122.120.
(b) Collect the additional fee described in subsection 2 of NRS
246.180, if the board of county commissioners has adopted an ordinance
authorizing the collection of such fee, and deposit the fee pursuant to
NRS 246.190.
3. The county clerk shall also at the time of issuing the
marriage 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 county clerk to the State Controller for
credit to the State General Fund.
4. The county clerk shall also at the time of issuing the
marriage license collect the additional sum of $25 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 county clerk to the State
Controller for credit to that Account.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Licenses and Fees
[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; 2007, 887; 2009,
263)
1. In any county whose population is 100,000 or more, except as
otherwise provided in subsection 3, 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 a.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.
3. Any office where marriage licenses may be issued may deviate
from the hours of operation required pursuant to this section if the
board of county commissioners approves the plan for the deviation
submitted by the office. Such a plan must be fiscally neutral or result
in cost savings.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Licenses and Fees
(Added to NRS by 1979, 487; A 1979, 1333; 1993, 29; 2009, 1506; 2010, 26th Special Session, 50)
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 a.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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Licenses and Fees
(Added to NRS by 1979, 487; A 1979, 1333; 1993, 29; 2009, 1506; 2010, 26th Special Session, 50, effective July 1, 2011)
1. A certificate of permission to perform marriages may be
obtained only from the county clerk of the county in which the minister
or other person authorized to solemnize a marriage resides, after the
filing of a proper application. The initial application must:
(a) Be in writing and be verified by the applicant.
(b) Include the date of licensure, ordination or appointment of
the minister or other person authorized to solemnize a marriage, and the
name of the church or religious organization with which he or she is
affiliated.
(c) Include the social security number of the applicant.
(d) Be accompanied by one copy of the affidavit of authority to solemnize marriages described in subsection 5.
2. To determine the qualifications of any minister or other
person authorized to solemnize a marriage who has filed an application
for a certificate, the county clerk with whom the application has been
filed may require:
(a) The church or religious organization of the minister or other
person authorized to solemnize a marriage 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
or other person authorized to solemnize a marriage.
3. In addition to the requirement of good standing, the county
clerk shall, before approving an initial application, satisfy himself or
herself that:
(a) The applicant?s ministry is one of service to his or her
church or religious organization or, in the case of a retired minister
or other person authorized to solemnize a marriage, that his or her
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 or her 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.
5. The affidavit of authority to solemnize marriages must be in substantially the following form:
AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES
State of Nevada }
}ss.
County of ............. }
The.................................................. (name of
church or religious organization) is organized and carries on its work
in the State of Nevada. Its active meetings are located
at.................................................. (street address,
city or town). The..................................................
(name of church or religious organization) hereby finds
that.................................................. (name of minister
or other person authorized to solemnize marriages) is in good standing
and is authorized by
the.................................................. (name of church or
religious organization) to solemnize a marriage.
I am duly authorized
by.................................................. (name of church or
religious organization) to complete and submit this affidavit.
................................
Signature of Official
................................
Name of Official
(type or print name)
................................
Title of Official
................................
Address
................................
City, State and Zip Code
................................
Telephone Number
Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........
................................
Notary Public for
.............................. County, Nevada.
My appointment expires..............................
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041; 2009, 725)
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 the applicant 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 the applicant 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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 1997, 2039)
1. If a minister or other person authorized to solemnize a
marriage is no longer authorized to solemnize a marriage by the church
or religious organization that authorized the minister or other person
to solemnize marriages when he or she applied for a certificate of
permission to perform marriages pursuant to NRS 122.064, the church or
religious organization shall, within 5 days after the authorization is
terminated, file an affidavit of revocation of authority to solemnize
marriages with the county clerk of the county where the original
affidavit of authority to solemnize marriages was filed.
2. The affidavit of revocation of authority to solemnize marriages must be in substantially the following form:
AFFIDAVIT OF REVOCATION OF AUTHORITY TO SOLEMNIZE MARRIAGES
State of Nevada }
}ss.
County of ............. }
The........................................ (name of church or
religious organization) is organized and carries on its work in the
State of Nevada. Its active meetings are located
at........................................ (street address, city or
town). The........................................ (name of church or
religious organization) hereby revokes the authority
of........................................ (name of minister or other
person authorized to solemnize marriages), filed in the County
of........................................, on the.......... day of the
month of...................., of the year.........., to solemnize
marriages.
I am duly authorized by........................................
(name of church or religious organization) to complete and submit this
affidavit.
Signature of Official
Name of Official
(type or print name)
Title of Official
Address
City, State and Zip Code
Telephone Number
Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........
Notary Public for
.............................. County, Nevada.
My appointment expires..............................
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 2009, 722)
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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 1997, 2040)
1. Any county clerk who has issued a certificate of permission to
perform marriages to a minister or other person authorized to solemnize
a marriage pursuant to NRS 122.062 to 122.073, inclusive, may revoke
the certificate for good cause shown after a hearing.
2. If the certificate of permission to perform marriages of any
minister or other person authorized to solemnize a marriage is revoked,
the county clerk shall inform the Secretary of State of that fact, and
the Secretary of State shall immediately remove the name of the minister
or other person authorized to solemnize a marriage from the official
list contained in the database of ministers or other persons authorized
to solemnize a marriage and shall notify each county clerk and county
recorder in the State of the revocation.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 1967, 1291; A 2009, 730)
Any minister or other person authorized to solemnize a marriage
whose application for a certificate of permission to perform marriages
or renewal of such certificate 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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 1967, 1291; A 2009, 731)
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 to perform
marriages.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Certificates of
Permission to Perform Marriages
(Added to NRS by 1967, 1291; A 2009, 731)
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 or her 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 or her county and within a commissioner township
therein, or any deputy commissioner of civil marriages within the county
of his or her 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 or she 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 or she
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 or she 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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[Part 4:33:1861; A 1867, 88; 1899, 47; 1901, 19; 1911, 317;
1925, 232; 1933, 42; R 1937, 72; A 1943, 175; 1947, 830; 1951, 431]?(NRS
A 1969, 764; 1993, 1463; 1999, 1323)
No marriage solemnized before any person professing to be a judge,
justice, minister or other person authorized to solemnize a marriage,
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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[13:33:1861;
B § 206; BH § 482; C § 493; RL
§ 2349; NCL § 4061]?(NRS A 1969, 764; 2009, 731)
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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[4a:33:1861; added 1943, 208; 1943 NCL § 4052]
All marriages solemnized by ministers holding certificates of
permission issued pursuant to former NRS 122.070 are hereby expressly
validated.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
(Added to NRS by 1967, 1291)
1. In the solemnization of marriage, no particular form is
required except that the parties shall declare, in the presence of the
justice, judge, minister or other person authorized to solemnize a
marriage, 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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[6:33:1861;
B § 199; BH § 475; C § 486; RL
§ 2342; NCL § 4054]?(NRS A 1969, 764; 1977,
470; 2009, 731)
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 contain the date of birth of
each applicant as contained in the form of marriage license pursuant to
NRS 122.050. If a male and female person who are the husband and wife of
each other are being rejoined in marriage pursuant to subsection 2 of
NRS 122.020, the certificate of marriage must state that the male and
female person were rejoined in marriage and that the certificate is
replacing a record of marriage which was lost or destroyed or is
otherwise unobtainable. 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 or other person authorized
to solemnize a marriage, 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 or rejoin, as the case may be, in
lawful wedlock ................ (name), of ................ (city),
State of ................, date of birth ................, and
................ (name), of ................(city), State of
................, date of birth ................, with their mutual
consent, in the presence of ................ and ................
(witnesses). (If a male and female person who are the husband and wife
of each other are being rejoined in marriage pursuant to subsection 2 of
NRS 122.020, this certificate replaces the record of the marriage of
the male and female person who are being rejoined in marriage.)
......................................................................
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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[7:33:1861; A 1867, 88; BH § 476; C § 487; RL § 2343; NCL
§ 4055]?(NRS A 1977, 470; 1987, 1421; 2001, 32; 2007, 1056; 2009, 731,
1506)
1. Each person who solemnizes a marriage shall make a record of
it and, within 10 days after the marriage, shall deliver to:
(a) If the board of county commissioners has adopted an ordinance
pursuant to NRS 246.100, the county clerk of the county where the
license was issued a copy of the certificate of marriage required by NRS
122.120.
(b) If the board of county commissioners has not adopted an
ordinance pursuant to NRS 246.100, 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 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 or filed by the county clerk in a book to be kept by him or her
for that purpose. For recording or filing the copies, the county
recorder or county clerk 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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[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; 2007, 888)
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:
(1) If the board of county commissioners has adopted an
ordinance pursuant to NRS 246.100, the amount that the county clerk is
required to charge and collect pursuant to NRS 246.180 for filing the
corrected certificate of marriage; or
(2) If the board of county commissioners has not adopted an
ordinance pursuant to NRS 246.100, the amount that the county recorder
is required to charge and collect pursuant to NRS 247.305, and the
county clerk shall pay the fee over to the county recorder as his or her
fee for recording the corrected certificate of marriage; or
(b) The county recorder shall charge and collect from the person a fee in an amount equal to:
(1) If the board of county commissioners has adopted an
ordinance pursuant to NRS 246.100, the amount that the county clerk is
required to charge and collect pursuant to NRS 246.180, and the county
recorder shall pay the fee over to the county clerk as his or her fee
for recording the corrected certificate of marriage; or
(2) If the board of county commissioners has not adopted an
ordinance pursuant to NRS 246.100, the amount that the county recorder
is required to charge and collect pursuant to 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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
(Added to NRS by 1999, 1322; A 2007, 889)
Illegitimate children shall become legitimatized by the subsequent marriage of their parents with each other.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[15:33:1861; B § 208; BH § 484; C § 495; RL § 2351; NCL § 4063]
All marriages solemnized among the people called ?Friends? or
?Quakers,? in the forms heretofore practiced and in use in their
meetings, shall be good and valid.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[17:33:1861; B § 210; BH § 486; C § 497; RL § 2353; NCL § 4065]
1. Marriages between Indians performed in accordance with tribal
customs within closed Indian reservations and Indian colonies have the
same validity as marriages performed in any other manner provided for by
the laws of this State, if there is recorded or filed 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 or
filed by subsection 1 must include the names of the persons married,
their ages, 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:
(a) If the board of county commissioners has adopted an ordinance
pursuant to NRS 246.100, filed with the county clerk of the county in
which the marriage was performed and filed by the county clerk without
charge.
(b) If the board of county commissioners has not adopted an
ordinance pursuant to NRS 246.100, recorded with the county recorder of
the county in which the marriage was performed and recorded by the
county recorder without charge.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[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; 2007, 889, 1313)
1. Marriages between Indians heretofore or hereafter consummated
in accordance with tribal custom have 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;
(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:
(a) If the board of county commissioners has adopted an ordinance
pursuant to NRS 246.100, filed in the office of the county clerk of the
county where such marriage took place, and within 30 days thereafter; or
(b) If the board of county commissioners has not adopted an
ordinance pursuant to NRS 246.100, recorded in the office of the
recorder of the county where such marriage took place, and within 30
days thereafter,
Ê and such certificate or a certified copy thereof is prima facie evidence of the facts therein recited.
4. The certificate must give the names of the parties married,
their ages, tribe, and the place and date of the marriage, and must 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 was
entered into, is proof of the validity of the tribal marriage in the
State of Nevada.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Authentication of Marriage - Solemnization
[1:97:1945;
1943 NCL § 4072.03] + [2:97:1945; 1943 NCL §
4072.04] + [3:97:1945; 1943 NCL § 4072.05]?(NRS A 2007, 890)
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 or her 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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 765; A 1993, 34)
1. In a county whose population is 400,000 or more, the
commissioner of civil marriages may appoint deputy commissioners of
civil marriages. Such deputies shall:
(a) Solemnize marriages in commissioner townships under the direction of the commissioner; and
(b) Perform such other duties as the commissioner may direct.
2. In a county whose population is less than 400,000 and in which
the board of county commissioners has appointed the county clerk to act
as the commissioner of civil marriages, the board may, by ordinance,
establish the number of deputy commissioners of civil marriages which
may be appointed by the commissioner of civil marriages to carry out the
duties set forth in subsection 1.
3. No deputy commissioner of civil marriages may solemnize
marriages at any time other than during the working hours or shift
during which the deputy commissioner 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 the deputy
commissioner may solemnize in the performance of his or her 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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 765; A 1993, 34)
1. The county shall provide a suitable area separate from the
marriage license bureau or other place where marriage licenses are
issued for the solemnizing of marriages.
2. The area shall be:
(a) Appropriately furnished by the county to provide a tranquil
atmosphere and the solemnizing ceremony shall be privately conducted in a
dignified manner without haste; and
(b) Situated in a building entirely separate from and unconnected
with any building in which marriage licenses are issued.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 766; A 1979, 637)
1. The county shall provide suitable office space, office
equipment, office supplies, and secretarial or other clerical personnel
necessary for the proper operation of the office of the commissioner of
civil marriages.
2. The county clerk shall establish the office of the
commissioner of civil marriages as a separate office and shall maintain
separate records for that office.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 766; A 1977, 576)
1. The commissioner of civil marriages or his or her deputy
commissioner of civil marriages is entitled to receive as his or her fee
for solemnizing a marriage $45. The fee must be deposited in the county
general fund.
2. The commissioner of civil marriages or his or her 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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 766; A 1975, 540; 1991, 1867; 2001, 3217)
The board of county commissioners may, by ordinance, determine the
hours of operation for the office of the commissioner of civil
marriages.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 766; A 1979, 637; 1993, 29, 35, 2261, 2262; 2003, 341)
The office of the commissioner of civil marriages and each room
therein shall prominently display on the wall, or other appropriate
place, a sign informing all people who avail themselves of the services
of the commissioner of civil marriages of the following facts:
1. That the solemnization of the marriage by the commissioner of
civil marriages is not necessary for a valid marriage and that the
parties wishing to be married may have a justice of the peace within a
township where such justice of the peace is permitted to perform
marriages, or any minister or other person authorized to solemnize a
marriage of their choice who holds a valid certificate of permission to
perform marriages 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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 766; A 2009, 732)
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.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 767)
It is unlawful for the commissioner of civil marriages, any deputy
commissioner, or any employee in the office of the commissioner or in
the office of the county clerk to:
1. Solicit, accept or receive any gratuity, remuneration or fee whatsoever for the solemnizing of marriages;
2. Participate in or receive the benefits of any fees solicited or received by any other person; or
3. Influence or attempt to influence any person to have a
marriage solemnized in the office of the commissioner of civil
marriages.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 767; A 1977, 576)
Signs may be displayed to inform any person of the location of the
office of the commissioner of civil marriages. Such signs shall have
printed thereon only the following words: ?Office of the Commissioner of
Civil Marriages.? Such signs shall be displayed in a conservative
manner commensurate with the dignified function of the office of the
commissioner of civil marriages.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 767)
Any person who violates any provision of NRS 122.173 to 122.193, inclusive, is guilty of a misdemeanor.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122: Marriage - Authentication of Marriage - Commissioner of
Civil Marriages
(Added to NRS by 1969, 767)
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.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]?(NRS A 1967, 530)
If any county clerk shall issue or sign any marriage license in
any manner other than is authorized by this chapter, the county clerk
shall forfeit and pay a sum not exceeding $1,000 to and for the use of
the person aggrieved.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053]
It is unlawful for any county employee, commercial wedding chapel
employee or other person to solicit or otherwise influence, while on
county courthouse property, any person to be married by a marriage
commissioner or justice of the peace or at a commercial wedding chapel.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
(Added to NRS by 1977, 577)
1. It is unlawful for any Supreme Court justice, judge of a
district court, justice of the peace, municipal judge, minister or other
person authorized to solemnize a marriage, 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 or her 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 or other person authorized to
solemnize a marriage, commissioner of civil marriages or deputy
commissioner of civil marriages who violates the provisions of
subsection 1 is guilty of a misdemeanor.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[1911 C&P § 214; RL § 6479; NCL § 10162] + [1911
C&P § 215; RL § 6480; NCL § 10163]?(NRS A 1967, 530; 1969, 765;
1993, 1463; 2009, 733)
Every person solemnizing a marriage who fails or neglects to make
and deliver an originally signed copy of the certificate thereof, within
the time specified in NRS 122.130, to:
1. If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the county clerk; or
2. If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, the county recorder,
Ê is guilty of a misdemeanor.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[Part 10:33:1861; A 1903, 70; RL § 2346; NCL § 4058]?(NRS A 1967, 530; 1987, 1423; 2007, 890)
Every county recorder or county clerk who fails or neglects to
record or file a copy of a certificate of marriage as required by this
chapter is guilty of a misdemeanor.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[Part 10:33:1861; A 1903, 70; RL § 2346; NCL § 4058]?(NRS A 1967, 530; 1987, 1423; 2007, 890)
If any person shall willfully make any false certificate of any
marriage or pretended marriage, the person is guilty of a gross
misdemeanor.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[11:33:1861;
B § 204; BH § 480; C § 491; RL
§ 2347; NCL § 4059]?(NRS A 1967, 530)
If any person shall undertake to join others in marriage, knowing
that he or she is not lawfully authorized so to do, or knowing of the
existence of any legal impediment to the proposed marriage, the person
is guilty of a misdemeanor.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[12:33:1861;
B § 205; BH § 481; C § 492; RL
§ 2348; NCL § 4060]?(NRS A 1967, 530)
In all cases when a violation of the provisions of this chapter is
not declared a misdemeanor or gross misdemeanor, the fines and
forfeitures shall be recovered by a civil action, to be brought by any
person aggrieved or by the county treasurer.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122: Marriage - Prohibited Acts and Penalties
[16:33:1861; B § 209; BH § 485; C § 496; RL § 2352; NCL § 4064]
This chapter may be cited as the Nevada Domestic Partnership Act.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122A: Domestic Partnerships - General Provisions
(Added to NRS by 2009, 2183)
As used in this chapter, unless the context otherwise requires,
the words and terms defined in NRS 122A.030 and 122A.040 have the
meanings ascribed to them in those sections.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122A: Domestic Partnerships - General Provisions
(Added to NRS by 2009, 2183)
?Domestic partners? means persons who:
1. Have registered a valid domestic partnership pursuant to NRS 122A.100; and
2. Have not terminated that domestic partnership pursuant to NRS 122A.300.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122A: Domestic Partnerships - General Provisions
(Added to NRS by 2009, 2183)
Domestic partnership means the social contract between two persons that is described in NRS 122A.100.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122A: Domestic Partnerships - General Provisions
(Added to NRS by 2009, 2184)
The provisions of this chapter must be construed liberally to the
effect of resolving any doubt or question in favor of finding that a
domestic partnership is a valid civil contract entitled to be treated in
all respects under the laws of this State as any other civil contract
created pursuant to title 11 of NRS would be treated.
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122A: Domestic Partnerships - General Provisions
(Added to NRS by 2009, 2187)
1. A valid domestic partnership is registered in the State of
Nevada when two persons who satisfy the requirements of subsection 2:
(a) File with the Office of the Secretary of State, on a form
prescribed by the Secretary of State, a signed and notarized statement
declaring that both persons:
(1) Have chosen to share one another?s lives in an intimate and committed relationship of mutual caring; and
(2) Desire of their own free will to enter into a domestic partnership; and
(b) Pay to the Office of the Secretary of State a reasonable
filing fee established by the Secretary of State, which filing fee must
not exceed the total of an amount set by the Secretary of State to
estimate:
(1) The cost incurred by the Secretary of State to issue the Certificate described in subsection 3; and
(2) Any other associated administrative costs incurred by the Secretary of State.
Ê The Office of the Secretary of State shall account for the fees
received pursuant to paragraph (b) separately, and use those fees, and
any interest and income earned on those fees, solely to pay for expenses
related to administering the registration of domestic partnerships
pursuant to this chapter, including, without limitation, the cost of
materials and technology necessary to process and record the filing. At
the end of each fiscal year, the Secretary of State shall reconcile the
amount of the fees received pursuant to paragraph (b) and the expenses
related to administering the registration of domestic partnerships
pursuant to this chapter and deposit any excess fees received with the
State Treasurer for credit to the State General Fund.
2. To be eligible to register pursuant to subsection 1, two
persons desiring to enter into a domestic partnership must furnish proof
satisfactory to the Office of the Secretary of State that:
(a) Both persons have a common residence;
(b) Except as otherwise provided in NRS 122A.500, neither person is married or a member of another domestic partnership;
(c) The two persons are not related by blood in a way that would
prevent them from being married to each other in this State;
(d) Both persons are at least 18 years of age; and
(e) Both persons are competent to consent to the domestic partnership.
3. The Office of the Secretary of State shall issue a Certificate
of Registered Domestic Partnership to persons who satisfy the
applicable requirements of this section.
4. As used in this section:
(a) ?Common residence? means a residence shared by both domestic
partners on at least a part-time basis, irrespective of whether:
(1) Ownership of the residence or the right to occupy the
residence is in the name of only one of the domestic partners; and
(2) One or both of the domestic partners owns or occupies an additional residence.
(b) ?Residence? means any house, room, apartment, tenement or
other building, vehicle, vehicle trailer, semitrailer, house trailer or
boat designed or intended for occupancy as a residence.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122A: Domestic Partnerships - Entering Into Domestic
Partnerships
(Added to NRS by 2009, 2184; A 2010, 26th Special Session, 80)
The provisions of this chapter do not require the performance of
any solemnization ceremony to enter into a binding domestic partnership
contract. It is left to the dictates and conscience of partners entering
into a domestic partnership to determine whether to seek a ceremony or
blessing over the domestic partnership and to the dictates of each
religious faith to determine whether to offer or allow a ceremony or
blessing of domestic partnerships. Providing recognition to partnerships
through a domestic partnership system in no way interferes with the
right of each religious faith to choose freely to whom to grant the
religious status, sacrament or blessing of marriage under the rules or
practices of that faith.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122A: Domestic Partnerships - Entering Into Domestic
Partnerships
(Added to NRS by 2009, 2187)
1. Except as otherwise provided in NRS 122A.210:
(a) Domestic partners have the same rights, protections and
benefits, and are subject to the same responsibilities, obligations and
duties under law, whether derived from statutes, administrative
regulations, court rules, government policies, common law or any other
provisions or sources of law, as are granted to and imposed upon
spouses.
(b) Former domestic partners have the same rights, protections and
benefits, and are subject to the same responsibilities, obligations and
duties under law, whether derived from statutes, administrative
regulations, court rules, government policies, common law or any other
provisions or sources of law, as are granted to and imposed upon former
spouses.
(c) A surviving domestic partner, following the death of the other
partner, has the same rights, protections and benefits, and is subject
to the same responsibilities, obligations and duties under law, whether
derived from statutes, administrative regulations, court rules,
government policies, common law or any other provisions or sources of
law, as are granted to and imposed upon a widow or a widower.
(d) The rights and obligations of domestic partners with respect
to a child of either of them are the same as those of spouses. The
rights and obligations of former or surviving domestic partners with
respect to a child of either of them are the same as those of former or
surviving spouses.
(e) To the extent that provisions of Nevada law adopt, refer to or
rely upon provisions of federal law in a way that otherwise would cause
domestic partners to be treated differently from spouses, domestic
partners must be treated by Nevada law as if federal law recognized a
domestic partnership in the same manner as Nevada law.
(f) Domestic partners have the same right to nondiscriminatory treatment as that provided to spouses.
(g) A public agency in this State shall not discriminate against
any person or couple on the basis or ground that the person is a
domestic partner rather than a spouse or that the couple are domestic
partners rather than spouses.
(h) The provisions of this chapter do not preclude a public agency
from exercising its regulatory authority to carry out laws providing
rights to, or imposing responsibilities upon, domestic partners.
(i) Where necessary to protect the rights of domestic partners
pursuant to this chapter, gender-specific terms referring to spouses
must be construed to include domestic partners.
(j) For the purposes of the statutes, administrative regulations,
court rules, government policies, common law and any other provision or
source of law governing the rights, protections and benefits, and the
responsibilities, obligations and duties of domestic partners in this
State, as effectuated by the provisions of this chapter, with respect
to:
(1) Community property;
(2) Mutual responsibility for debts to third parties;
(3) The right in particular circumstances of either partner
to seek financial support from the other following the dissolution of
the partnership; and
(4) Other rights and duties as between the partners concerning ownership of property,
Ê any reference to the date of a marriage shall be deemed to
refer to the date of registration of the domestic partnership.
2. As used in this section, ?public agency? means an agency,
bureau, board, commission, department or division of the State of Nevada
or a political subdivision of the State of Nevada.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122A: Domestic Partnerships - Rights and Duties of Domestic
Partners
(Added to NRS by 2009, 2184)
1. The provisions of this chapter do not require a public or
private employer in this State to provide health care benefits to or for
the domestic partner of an officer or employee.
2. Subsection 1 does not prohibit any public or private employer
from voluntarily providing health care benefits to or for the domestic
partner of an officer or employee upon such terms and conditions as the
affected parties may deem appropriate.
Nevada Revised Statutes - Title 11: Domestic Relations -
Chapter 122A: Domestic Partnerships - Rights and Duties of Domestic
Partners
(Added to NRS by 2009, 2186)
A domestic partnership is not a marriage for the purposes of Section 21 of Article 1 of the Nevada Constitution. ~
Nevada Revised Statutes - Title 11: Domestic Relations - Chapter 122A: Domestic Partnerships - Miscellaneous Provisions
(Added to NRS by 2009, 2186)