Nevada § 122.040 - Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; public records; expiration
Full text of Nevada Nevada Revised Statutes § 122.040 — Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; public records; expiration, with citation guidance and answers to common questions.
§ 122.040. Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; 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. All records pertaining to marriage licenses are public records and open to inspection
pursuant to the provisions of NRS 239.010 . 7. A marriage license issued on or after July 1, 1987, expires 1 year after its date
of issuance.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 122.040
What does Nevada Revised Statutes § 122.040 cover?
Section 122.040 ("Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; public records; expiration") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 122.040?
A common citation format is "Nevada Revised Statutes § 122.040" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 122.040 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.