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Section 122.040 – Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; name after marriage; public records; expiration

May 14, 2021 | Family Law, Nevada

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.

6. At the time of issuance of the license, an applicant or both applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage. The first name of each applicant selected for use by the applicant after solemnization of the marriage must be the same as the first name indicated on the proof of the applicant’s name submitted pursuant to subsection 2. An applicant may change his or her name pursuant to this subsection only at the time of issuance of the license. One or both applicants may adopt:

(a) As a middle name, one of the following:

(1) The current last name of the other applicant.
(2) The last name of either applicant given at birth.
(3) A hyphenated combination of the current middle name and the current last name of either applicant.
(4) A hyphenated combination of the current middle name and the last name given at birth of either applicant.
(b) As a last name, one of the following:

(1) The current last name of the other applicant.
(2) The last name of either applicant given at birth.
(3) A hyphenated combination of the potential last names described in paragraphs (a) and (b).
7. All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.
8. A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

NRS 122.040

[Part 5:33:1861; A 1867, 88; 1899, 47; 1919, 382 [Ch. 207]; 1927, 49 [Ch. 29]; 1947, 41 [Ch. 34]; 1949, 91 [Ch. 72]; 1943 NCL § 4053] – (NRS A 1959, 484 [Ch. 321]; 1961, 332 [Ch. 196]; 1975, 144 [Ch. 106], 435 [Ch. 310]; 1977, 280 [Ch. 145]; 1979, 486 [Ch. 326]; 1981, 678 [Ch. 369]; 1985, 1211 [Ch. 426]; 1987, 1419 [Ch. 585]; 1991, 1866 [Ch. 566]; 1993, 28 [Ch. 12], 1230 [Ch. 393]; 1997, 2287 [Ch. 489], 3323 [Ch. 665]; 1999, 547[Ch. 105]; 2007, 1053 [Ch. 287]; 2009, 1503 [Ch. 336]; 2011, 1146[Ch. 253], 2044 [Ch. 359]; 2013, 341 [Ch. 99], 3665 [Ch. 542]; 2017, 1518 [Ch. 285]; 2019, 3661 [Ch. 569] )
Amended by 2019, Ch. 569,§2, eff. 10/1/2019.
Amended by 2017, Ch. 285,§1, eff. 1/1/2018.
Amended by 2013, Ch. 542,§2, eff. 7/1/2013.
Amended by 2013, Ch. 99,§1, eff. 5/24/2013.
[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)