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

May 14, 2021 | Family Law, Nevada

1. A minor who is 17 years of age may marry only if the minor has the consent of:

(a) Either parent; or
(b) The minor’s legal guardian, and the minor also obtains authorization from a district court as provided in this section.
2. In extraordinary circumstances, a district court may authorize the marriage of a minor who is 17 years of age if the court finds , by clear and convincing evidence, after an evidentiary hearing in which both parties to the prospective marriage provide sworn testimony, that:

(a) Both parties to the prospective marriage are residents of this State;
(b) The marriage will serve the best interests of the minor; and

(c) The minor has the consent required by paragraph (a) or (b) of subsection 1.

Pregnancy alone does not establish that the best interests of the minor will be served by marriage, nor may pregnancy be required by a court as a condition necessary for its authorization for the marriage of the minor.

3. In determining the best interests of the minor for the purposes of subsection 2, the court shall consider, without limitation:

(a) The difference in age between the parties to the prospective marriage;
(b) The need for the marriage to occur before the minor reaches 18 years of age; and
(c) The emotional and intellectual maturity of the minor.

NRS 122.025

Added to NRS by 1957, 316 [Ch. 225]; A 1975, 1817 [Ch. 763]; 1977, 279 [Ch. 144]; 2019, 3660 [Ch. 569]
Amended by 2019, Ch. 569,ยง1.5, eff. 10/1/2019.
Added to NRS by 1957, 316; A 1975, 1817; 1977, 279