Nevada Marriage Laws | § 122.040

Nevada Revised Statutes 122.040

Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; name after marriage; public records; expiration.

1. Except as otherwise provided in NRS 122.0615, 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 700,000 or more may, at the request of the county clerk, designate not more than five 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 700,000 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.

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.

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. When the authorization of a district court is required because the marriage involves a minor, the county clerk shall issue the license if that authorization is given to the county clerk in writing.

(Previous 6. REPEALED.)

6. All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

7. A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382; 1927, 49; 1947, 41; 1949, 91; 1943 NCL § 4053] — (NRS A 1959, 484; 1961, 332; 1975, 144, 435; 1977, 280; 1979, 486; 1981, 678; 1985, 1211; 1987, 1419; 1991, 1866; 1993, 28, 1230; 1997, 2287, 3323; 1999, 547; 2007, 1053; 2009, 1503; 2011, 1146, 2044; 2013, 341, 3665; 2017, 1518; 2019, 3661); SB211 Effective 1/1/2024

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More Nevada Marriage Laws

§ 122.0015 “Commercial wedding chapel” defined.
§ 122.090 Marriage solemnized by unauthorized person: When valid.
§ 122.004 “Marriage officiant” defined.
§ 122.062 Licensed, ordained or appointed ministers, other church or religious officials authorized to solemnize a marriage, notaries public, marriage officiants 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.
§ 122.020 Persons capable of marriage.
§ 122.060 Fees
§ 122.064 Initial application for or renewal of certificate: Form; required information; fees. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
§ 122.065 Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duty of county clerk. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
§ 122.120 Certificate of marriage: Form.
§ 122.067 Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
§ 122.0615 Issuance of marriage license during certain office hours or during other hours by commercial wedding chapel if authorized; establishment of program to authorize certain commercial wedding chapels to issue marriage licenses; duties of such chapels; records of such chapels are public records; geographic limitation on use of marriage licenses issued by such chapels; penalty.
§ 122.181 Fees for solemnizing marriages: Amounts; disposition.
§ 122.185 Signs required in office and rooms; contents.
§ 122.215 Solicitation to perform marriage prohibited on county property where marriage licenses are issued; civil penalty.
§ 122.220 Solemnizing marriage without exhibition of marriage license.
§ 122.280 Display of informational brochures.
§ 122.290 Certificate of vow renewal: Establishment of program; form; fee.
§ 122A.100 Registration: Procedure; fees; eligibility; issuance of certificate.
§ 122.0665 Affidavit of removal of authority to solemnize marriages: Form of affidavit; filing by church or religious organization that authorized official to solemnize marriages.
§ 122.050 Form of marriage license.
§ 122.025 Marriage of minor who is 17 years of age: Consent of parent or guardian; authorization by court.
§ 122.080 Solemnization of marriage by Supreme Court justice, appellate judge, district judge, justice of the peace, municipal judge, commissioner and deputy commissioner of civil marriages and mayor; unlawful acts.
§ 122.160 Marriages between Indians performed by tribal custom on reservation or in colony: Validity; certificate of declaration.
§ 122.006 “Other church or religious official authorized to solemnize a marriage” defined.
§ 122.010 What constitutes marriage; no common-law marriages after March 29, 1943.
§ 122.001 Definitions.
§ 122.002 “Commissioner township” defined.
§ 122.040 Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; name after marriage; public records; expiration.
§ 122.030 Documents constituting presumptive evidence of marriage.
§ 122.045 Preparation of affidavit of correction to correct information in marriage license; fees.
§ 122.055 Consolidation of forms for marriage; requirements and limitations on information on reverse of form.
§ 122.066 Database of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants who have been issued certificate of permission to perform marriages; maintenance of database by Secretary of State; entry of certain information into database by county clerk; approval of application for or renewal of certificate; validity of certificate; expiration; removal of authority to solemnize marriage.
§ NRS 122.061 Office hours for issuance of marriage licenses. [Effective July 1, 2011.]
§ NRS 122.062 Licensed, ordained or appointed ministers, other persons authorized to solemnize a marriage 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
§ 122.061 Office hours for issuance of marriage licenses.
§ 122.064 Initial application for or renewal of certificate: Form; required information; fees. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
§ 122.068 Revocation of certificates and removal of authority to solemnize marriages; hearing; duties of Secretary of State.
§ 122.071 Judicial review.
§ 122.073 Additional regulations by county clerk.
§ 122.150 Forms used by Friends or Quakers valid.
§ 122.100 Marriages solemnized between March 3, 1937, and March 24, 1943, validated.
§ 122.103 Marriages solemnized by certain ministers before May 20, 1967, validated.
§ 122.110 No particular form of solemnization required; witness.
§ 122.130 Certificate of marriage: Recording; loss or destruction before recording; replacement certificate; fees.
§ 122.135 Preparation of affidavit of correction to correct information in certificate of marriage; fees.
§ 122.140 Illegitimate children legitimatized.
§ 122.170 Marriages between Indians consummated in accordance with tribal customs valid: Certificate of marriage; contents; recording.
§ 122.173 Commissioner of civil marriages: County clerk is ex officio in larger counties; appointment of county clerk in smaller counties; solemnization of marriages; no additional compensation.
§ 122.175 Deputy commissioners of civil marriages: Appointment; powers and duties; compensation; limitation on number on duty.
§ 122.177 Area for solemnizing marriages.
§ 122.179 Clerical personnel, supplies and equipment to be provided by county.
§ 122.183 Hours of operation for office.
§ 122.187 Receipt of additional fees prohibited.
§ 122.189 Prohibited acts.
§ 122.191 Display and contents of signs indicating location of office.
§ 122.193 Penalty.
§ 122.200 False statement to procure marriage license.
§ 122.210 Unauthorized issuance of marriage license by county clerk.
§ 122.230 Failure of person solemnizing marriage to make and deliver certificate to county clerk or county recorder.
§ 122.240 Failure of county recorder or county clerk to record certificate of marriage.
§ 122.250 Willful making of false certificate of marriage.
§ 122.260 Solemnization of marriage by unauthorized person or where legal impediment known; civil penalty; delegation of authority to hearing officer to determine violations and levy penalties.
§ 122.270 Recovery of forfeitures by civil actions.
§ 122A.010 Short title.
§ 122A.020 Definitions
§ 122A.030 “Domestic partners” defined.
§ 122A.040 “Domestic partnership” defined.
§ 122A.090 Construction of chapter.
§ NRS 122A.510 Domestic partnership not marriage for purposes of certain provisions of Nevada Constitution
§ 122A.110 Solemnization ceremony not required for domestic partnership; religious faiths free to choose whether to grant religious status to domestic partnership under own rules of practice.