Quick Guide to Common-Law Marriage in Nevada
Common Law Marriage: Nevada
Common-law marriage laws in NV allowed the type of marriage prior to March 29, 1943 according to NRS 122.010. Nevada law on marriage is no longer recognized by the state. Until recently, the court would not even consider property division settlements or other settlements often heard by a court for recognized divorce and marriage requirements.
Now, common-law marriage laws still forbid the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances.
Marriage Requirements in Nevada
Marriage requirements in the state according to NRS 122.020 and NRS 122.025 state that marriages with the following type of factors:
• both parties must be at least 18 years old(unless parties 16 or older have met marriage requirements and obtained parental permission) and not nearer of kin than second cousins of the half blood
• may not have a husband or wife living in or out of state, regardless if there are common-law marriage laws in another state or not
• parties must be of the opposite sex
• in some circumstances, the state and district court may disregard certain marriage requirements and let parties under the age of 16 marry if it will serve the best interests of the party
As you can see, marriage requirements disallow many types of marriage, but common-law marriage laws will be recognized in certain circumstances. Cases in which a common-law marriage in Nevada will be recognized are described in the section below.
Determining the Validity of Common-Law Marriages in Nevada
Although there are few laws addressing common-law marriages in Nevada compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions: the man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common-law marriage laws.
In order validate the common-law marriage in Nevada, the court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects of the common-law marriage in Nevada:
• the two parties actually cohabitated in an out of state jurisdiction
• the out of state jurisdiction had established common-law marriage laws and requirements
• the date of actually declaring the specific type of marriage can be established by the court
• if no common-law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation
If two couples want the state of Nevada to recognize their common-law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign power of attorney documents before declaring the common-law marriage in Nevada. Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional to try and have a common-law marriage in Nevada stand.
If couples in recognized common-law marriages come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of Nevada may recognize such agreements. If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.