More Categories

Section 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

May 14, 2021 | Family Law, Nevada

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 Court of Appeals, 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, any deputy commissioner of civil marriages within the county of his or her appointment and within a commissioner township therein or any mayor if authorized pursuant to subsection 5, to join together in marriage 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. A mayor of an incorporated city may perform a marriage ceremony if he or she is:

(a) The mayor of a city organized under general law; or
(b) Authorized by the city council or other governing body of a city organized under a special charter.
6. Any mayor who performs a marriage ceremony shall 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.
7. Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge or mayor 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.

NRS 122.080

[Part 4:33:1861; A 1867, 88; 1899, 47; 1901, 19; 1911, 317; 1925, 232 [Ch. 121]; 1933, 42 [Ch. 47]; R 1937, 72 [Ch. 35]; A 1943, 175 [Ch. 125]; 1947, 830 [Ch. 187]; 1951, 431 [Ch. 283]] – (NRS A 1969, 764 [Ch. 439]; 1993, 1463 [Ch. 460]; 1999, 1323 [Ch. 315]; 2013, 1747 [Ch. 343]; 2017, 758 [Ch. 167], 1197 [Ch. 224] )
Amended by 2017, Ch. 167,§4, eff. 7/1/2017.
Amended by 2017, Ch. 224,§3, eff. 7/1/2017.
[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)