Cecily Zamora
Las Vegas is known for its relaxed marriage laws, but does it recognise common-law marriage? Common-law marriage is a legal concept that recognises a couple as legally married by virtue of cohabitation and their presentation as a married couple, without the need for a formal ceremony or marriage license. While some US states do recognise common-law marriage, Nevada, and by extension Las Vegas, does not. Nevada abolished common-law marriage in 1943, and today, a couple must obtain a marriage license and undergo a formal marriage ceremony to be legally considered married in the state. However, if a couple had a valid common-law marriage in another state and then moved to Nevada, that marriage may be recognised.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Marriage license required | Yes |
| Marriage ceremony required | Yes |
| Minimum age | 18 years old |
| Parental consent required for minors | Yes |
| Residency requirement | No |
| Valid identification required | Yes |
| Fee required | Yes |
| Blood test required | No |
| Waiting period after issuance of marriage license | No |
| Social security number required for U.S. citizens | Yes |
| Permanent resident card or similar documentation required for international couples | Yes |
| Marriage to a cousin allowed | No |
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What You'll Learn
Common-law marriage defined
Common-law marriage is a legal concept that recognises a couple as legally married by virtue of cohabitation and their presentation as a married couple to their community. This is true even if they have not gone through a formal marriage ceremony or obtained a marriage license.
In the context of Las Vegas, it is important to note that common-law marriages are not recognised in the state of Nevada, where Las Vegas is located. To be legally considered married in Nevada, a couple must obtain a marriage license and undergo a formal marriage ceremony. This has been the case since 1943, when common-law marriage was abolished in the state.
However, there are some exceptions and complexities to this rule. For example, if a couple had a valid common-law marriage in another state and then moved to Nevada, that marriage may still be recognised. Additionally, if a couple entered into a common-law marriage in a state that recognises it and then relocates to Nevada, they may be able to claim common-law marriage status for certain legal purposes, such as the division of property in a divorce.
In Nevada, the general law allows couples who are at least 18 years old to marry without parental consent. Couples who are 16 or 17 years old can marry with parental consent. Proper identification, such as a driver's license or passport, is required to obtain a marriage license. It is important to note that non-residents can also marry in Las Vegas, but they must provide certain marriage documents for their marriage to be valid in their country of residence.
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Las Vegas common-law marriage recognition
Las Vegas, a city in the state of Nevada, does not recognise common-law marriages. In Nevada, the only way to be legally considered married is to obtain a marriage license and have a marriage ceremony. This has been the case since 29 March 1943, when common-law marriages were abolished in the state.
To obtain a marriage license in Las Vegas, couples must go to the Clark County Marriage License Bureau and provide valid identification, such as a driver's license or passport, and pay a fee. There is no residency requirement, and non-US citizens must present a permanent resident card or similar documentation. Both parties must be at least 18 years old or have parental consent if they are 16 or 17. They cannot be closely related, and neither can have another living spouse.
Once the couple has obtained the license, they must have a legal marriage ceremony performed by someone authorised to do so, such as a priest, rabbi, minister, or justice of the peace. After the ceremony, the person who performed it must file the marriage certificate with the county to make it official.
While Nevada does not recognise common-law marriages, there are some exceptions. If a couple had a valid common-law marriage in another state and then moved to Nevada, that marriage may be recognised. Additionally, if a couple entered into a common-law marriage in a state that recognises it and then moves to Nevada, they may be able to claim common-law marriage status for certain legal purposes, such as the division of property in a divorce.
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Legal marriage in Las Vegas
Las Vegas is known for its quick and easy weddings, but there are some legal requirements that must be met for a marriage to be valid. Firstly, it's important to note that Las Vegas does not recognize common-law marriages. To be legally considered married in Nevada, a couple must obtain a marriage license and undergo a formal marriage ceremony.
Requirements for Marriage in Las Vegas
- Both parties must be at least 18 years old or have parental consent if they are 16 or 17.
- The couple must not be closely related (no closer than second cousins).
- Neither party can be currently married or have another living spouse.
- The couple must obtain a marriage license from a Marriage License Bureau by providing valid identification and paying a fee.
- The marriage ceremony must be performed by someone authorized, such as a priest, rabbi, minister, or justice of the peace.
- A witness, other than the officiant, is required for the ceremony.
- The person conducting the ceremony must file the marriage certificate with the county clerk within a specified time frame (usually 10 days).
Additional Considerations
- Blood tests and waiting periods are not required in Las Vegas.
- Non-residents, including international couples, can legally marry in Las Vegas without a residency requirement.
- Foreign couples must provide certain marriage documents for their marriage to be valid in their country of residence.
- If one or both partners are intoxicated, with a BAC level above 0.8, the marriage license may not be granted.
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Marriage license and ceremony
To be legally married in Las Vegas, you must obtain a marriage license and have a marriage ceremony. Common-law marriages are not recognised in Las Vegas or anywhere in Nevada.
Obtaining a Marriage License
To obtain a marriage license, both parties must be at least 18 years old. If you are 16 or 17 years old, you can get married with parental consent. Both parties must appear together before a clerk and provide valid identification, such as a driver's license or passport, and pay a fee of around $102. The Marriage License Bureau only accepts credit cards, traveller's checks, cashier's checks, and money orders. No blood tests or waiting periods are required. The license is valid for one year and can be obtained on the same day as the ceremony.
The Marriage Ceremony
The marriage ceremony must be performed in Nevada by an officiant licensed in Nevada. The officiant can be a priest, rabbi, minister, or a justice of the peace. The ceremony must also be witnessed by someone other than the officiant. After the ceremony, the officiant has ten days to file the marriage certificate with the county clerk. Once the certificate is filed, you may order a certified copy to use as proof of marriage.
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Common-law marriage exceptions
Common-law marriage, also known as non-ceremonial marriage, is a marriage that occurs without a marriage license or ceremony. It is a result of a couple's agreement to consider themselves married, followed by cohabitation. In the United States, common-law marriage has existed since colonial times, and it is still recognized in some states. However, Las Vegas, a city in the state of Nevada, does not recognize common-law marriages.
In Nevada, the only way to be legally considered married is to obtain a marriage license and have a marriage ceremony. This has been the case since March 29, 1943, when common-law marriages were abolished. Therefore, in Las Vegas, a couple must undergo a formal marriage process to be legally recognized as married.
There is one exception to Nevada's non-recognition of common-law marriages. If a couple had a valid common-law marriage in another state and then moved to Nevada, that marriage may be recognized. This is because, typically, jurisdictions that do not allow common-law marriages will still respect the validity of such marriages lawfully entered in another state or country.
It is important to note that even in states that recognize common-law marriages, the couple may still need to go to court to identify the marriage, especially if they separate and cannot agree on property division. The term "common-law marriage" is often used incorrectly to describe various types of cohabiting relationships, which may have different legal statuses such as "domestic partnership" or "civil union."
In Las Vegas, there are a few other restrictions on marriage. Couples who are blood-related or closer than second cousins may be charged with incest and denied a marriage license. If either partner is currently married or under the influence of substances, they will also be denied a marriage license.
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Frequently asked questions
No, Las Vegas does not recognise common-law marriage. A couple must obtain a marriage license and have a marriage ceremony to be considered legally married.
Common-law marriage is where a couple lives together and presents themselves as a married couple to their community, but without going through a formal marriage ceremony or obtaining a marriage license.
Yes, if a couple had a valid common-law marriage in a state that recognises such marriages and then moved to Nevada, their marriage may be recognised.
Both parties must be at least 18 or have parental consent if they are 16 or 17. They must not be closely related and must obtain a marriage license from a Marriage License Bureau. They must provide valid identification, such as a driver's license or passport, and pay a fee. After obtaining the license, the couple must have a legal marriage ceremony performed by an authorised person, such as a priest, rabbi, minister, or justice of the peace.
A legal marriage provides a clear legal framework that simplifies matters such as property ownership, inheritance, tax filings, and access to benefits like health insurance. Legal marriages are also universally recognised across all states, whereas common-law marriages may not be.
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