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NRS 122.020

NEVADA REVISED STATUTES (2022 EDITION)
TITLE 11 - DOMESTIC RELATIONS
CHAPTER 122 - MARRIAGE

GENERAL PROVISIONS

      NRS 122.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 122.0015 to 122.006, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 722; A 2011, 2044; 2013, 341; 2017, 1024)

      NRS 122.0015  “Commercial wedding chapel” defined.  “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

      (Added to NRS by 2011, 2043; A 2013, 341)

      NRS 122.002  “Commissioner township” defined.  “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.

      (Added to NRS by 1969, 765; A 1971, 1552; 1995, 247; 1997, 178; 2009, 723)—(Substituted in revision for NRS 122.171)

      NRS 122.004  “Marriage officiant” defined.  “Marriage officiant” means a person, other than a minister, other church or religious official authorized to solemnize a marriage or notary public, who obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive.

      (Added to NRS by 2017, 1024)

      NRS 122.006  “Other church or religious official authorized to solemnize a marriage” defined.  “Other church or religious official 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.

      (Added to NRS by 2009, 722; A 2013, 1186)

VALIDITY OF MARRIAGE

      NRS 122.010  What constitutes marriage; no common-law marriages after March 29, 1943.

      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.

      [1:33:1861; A 1943, 279; 1943 NCL § 4050]

      NRS 122.020  Persons capable of marriage.

      1.  Except as otherwise provided in subsection 2 and NRS 122.025, two persons, regardless of gender, who are at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a spouse living, may be joined in marriage.

      2.  Two persons, regardless of gender, who are married to each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.

      [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; 2017, 755; 2019, 3660)

      NRS 122.025  Marriage of minor who is 17 years of age: Consent of parent or guardian; authorization by court.

      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.

      (Added to NRS by 1957, 316; A 1975, 1817; 1977, 279; 2019, 3660)

      NRS 122.030  Documents constituting presumptive evidence of marriage.

      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 church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages, deputy commissioner of civil marriages, marriage officiant or mayor of an incorporated city, 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.

      [14:33:1861; B § 207; BH § 483; C § 494; RL § 2350; NCL § 4062]—(NRS A 1969, 763; 1991, 69; 2007, 887; 2009, 723; 2013, 1186; 2017, 1024, 1196)

AUTHENTICATION OF MARRIAGE

Licenses and Fees

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

      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 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.

      [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; 2021, 571)

      NRS 122.045  Preparation of affidavit of correction to correct information in marriage license; fees.

      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.

      (Added to NRS by 1999, 1322)

      NRS 122.050  Form of marriage license.  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 the name, if any, selected by each applicant for use after the applicants are joined in marriage. The marriage license 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, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant who has obtained a certificate of permission to perform marriages, any Supreme Court justice, judge of the Court of Appeals 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 or any mayor if authorized pursuant to subsection 5 of NRS 122.080, 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 ........ Name of Parent No. 1 ........ State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ Name of Parent No. 2 ........ State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Former Spouse: 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 ........ Name of Parent No. 1 ........ State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ Name of Parent No. 2 ........ State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ........ Former Spouse: Deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law. After ........ (name) and ........ (name) are joined in marriage, ........ wishes to use the name ........ (New name) and ........ wishes to use the name ........ (New name) OR The parties have not designated any changes of name at the time of issuance of the marriage license.

       Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

                                                                                                                                          

(Seal)                                                                                       Clerk

 

                                                                                                                                          

                                                                                           Deputy clerk

 

      [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; 2013, 1186, 1746; 2017, 756, 1025, 1197, 1521)

NRS 122.025
NRS 122.040
NRS 122.040(8)

NRS 122.055  Consolidation of forms for marriage; requirements and limitations on information on reverse of form.

      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:

      (a) Instructions for obtaining a certified copy or certified abstract of the certificate of marriage.

      (b) Language in black ink and at least 16-point bold type in a font that is easy to read and that is in substantially the following form:

 

       This is a duplicate of your certificate. This is not a certified copy. After the certificate has been recorded by the county recorder or filed by the county clerk, you may obtain a certified copy. For name changes and other legal matters, you will need to obtain a certified copy.

 

      3.  Nothing may be printed, stamped or written on the reverse of the form other than the instructions and language described in subsection 2 and a time stamp used by the county clerk to signify that the form has been filed.

      (Added to NRS by 1987, 1419; A 1991, 69; 2007, 887; 2011, 1854; 2017, 1025)

      NRS 122.060  Fees.

      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 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 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.

      (c) Collect the additional fee imposed pursuant to NRS 246.075, if the board of county commissioners has adopted an ordinance imposing the fee.

      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 $50 for the Account for Aid for Victims of Domestic or Sexual 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.

      5.  Any fee charged and collected pursuant to this section is separate and distinct from any administrative fee charged and collected by a county clerk’s office, including, without limitation, a fee for certifying a copy of a marriage license.

      [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; 2013, 3667; 2015, 2629; 2021, 3257)

      NRS 122.061  Office hours for issuance of marriage licenses.

      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.

      (Added to NRS by 1979, 487; A 1979, 1333; 1993, 29; 2009, 1506; 2010, 26th Special Session, 50; 2011, 2046)

      NRS 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.  Repealed. (See chapter 135, Statutes of Nevada 2021, at page 573.)

 

Certificates of Permission to Perform Marriages

      NRS 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.

      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, a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, or a marriage officiant may join together in marriage 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, notary public or marriage officiant first obtains or renews 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, a notary public or person who desires to be a marriage officiant 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;

      (d) If the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, include verification that the applicant has satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064; and

      (e) 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, and, if the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, that the applicant satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064. 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, notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.

      (Added to NRS by 1967, 1289; A 1969, 37; 1993, 1462; 1997, 2040; 1999, 520, 541; 2009, 724; 2013, 1187; 2017, 757, 1026; 2019, 452)

      NRS 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.]

      1.  A certificate of permission to perform marriages or a renewal of such a certificate may be obtained only from the county clerk of the county in which the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant resides, after the filing of a proper application. The initial application or application for renewal must:

      (a) Be in writing and be verified by the applicant.

      (b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:

             (1) Include the date of licensure, ordination or appointment of the minister or other church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated; and

             (2) Be accompanied by one copy of the affidavit of authority to solemnize marriages described in subsection 5.

      (c) If the applicant is a notary public:

             (1) Include the date of the appointment of the notary public by the Secretary of State; and

             (2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.

      (d) If the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State:

             (1) Include an additional fee not to exceed $100 for the course; and

             (2) Be accompanied by verification that the applicant successfully completed the course.

      (e) Include the social security number of the applicant.

      (f) Be accompanied by an application fee of $25.

      2.  To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant who has filed an application for a certificate of permission, the county clerk with whom the application has been filed may require:

      (a) The church or religious organization of the minister or other church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.

      (b) An investigation of the background and present activities of the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.

      3.  In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:

      (a) If the applicant is a minister or other church or religious official authorized to solemnize a marriage, 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 church or religious official 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 required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:

 

AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

 

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..............................

 

      6.  Not later than 30 days after issuing or renewing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.

      7.  If a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who holds a certificate of permission to perform marriages changes his or her mailing address, the minister, other church or religious official authorized to solemnize a marriage or marriage officiant must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. Pursuant to NRS 122.068, a county clerk may revoke the certificate of permission to perform marriages of a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who fails to notify the county clerk of his or her new mailing address within 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.

      8.  The fees collected by the county clerk pursuant to paragraph (d) of subsection 1 must be deposited in the account established pursuant to NRS 19.016.

      (Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041; 2009, 725; 2013, 1188; 2017, 1027; 2019, 454)

      NRS 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.]

      1.  A certificate of permission to perform marriages or a renewal of such a certificate may be obtained only from the county clerk of the county in which the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant resides, after the filing of a proper application. The initial application or application for renewal must:

      (a) Be in writing and verified by the applicant.

      (b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:

             (1) Show the date of licensure, ordination or appointment of the minister or other church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated; and

             (2) Be accompanied by one copy of the affidavit to solemnize marriages described in subsection 5.

      (c) If the applicant is a notary public:

             (1) Include the date of the appointment of the notary public by the Secretary of State; and

             (2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.

      (d) If the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State:

             (1) Include an additional fee not to exceed $100 for the course; and

             (2) Be accompanied by verification that the applicant successfully completed the course.

      (e) Be accompanied by an application fee of $25.

      2.  To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant who has filed an application for a certificate of permission, the county clerk with whom such application has been filed may require:

      (a) The church or religious organization of the minister or other church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.

      (b) An investigation of the background and present activities of the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.

      3.  In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:

      (a) If the applicant is a minister or other church or religious official authorized to solemnize a marriage, 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 church or religious official 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 required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:

 

AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

 

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..............................

 

      6.  Not later than 30 days after issuing or renewing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.

      7.  If a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who holds a certificate of permission to perform marriages changes his or her mailing address, the minister, other church or religious official authorized to solemnize a marriage or marriage officiant must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. Pursuant to NRS 122.068, a county clerk may revoke the certificate of permission to perform marriages of a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who fails to notify the county clerk of his or her new mailing address within 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.

      8.  The fees collected by the county clerk pursuant to paragraph (d) of subsection 1 must be deposited in the account established pursuant to NRS 19.016.

      (Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041; 2009, 725, 727; 2013, 1188; 2017, 1027; 2019, 454, 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)

      NRS 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.]

      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.

      (Added to NRS by 1997, 2039)

NRS 122.061
NRS 122.062
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