Cecily Zamora
Common-law marriage is a legal concept that recognises a couple as legally married even without a formal ceremony or marriage license. While common-law marriages are valid in some US states, they are not recognised in Nevada. In Nevada, a couple must obtain a marriage license and have a ceremony to be legally married. However, there are exceptions and unique circumstances, such as when a couple with a common-law marriage in a state that recognises it moves to Nevada. In such cases, they may be able to claim common-law marriage status for certain legal purposes, like the division of property in a divorce. Additionally, Nevada courts may grant legal protections of marriage to unmarried couples who entered into a marriage ceremony in good faith, known as the Putative Spouse Doctrine.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Legal marriage requirements | Marriage license and ceremony |
| Minimum age for marriage | 18 years |
| Same-sex marriage recognition | No information |
| Cohabitation property rights | Treated as equally co-owned or by contribution |
| Community property state | Yes |
| Putative spouse doctrine | Recognized |
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What You'll Learn
Common-law marriage status for couples who moved to Nevada from a state that recognises it
Nevada does not recognise common-law marriages. For a couple to be considered legally married in Nevada, they must go through the formal process of obtaining a marriage license and having a ceremony. If a couple who is not legally married separates, they do not have the same legal rights as a married couple.
However, there is an exception to the general rule that Nevada does not recognise common-law marriages. If a couple entered into a common-law marriage in a state that recognises it and then moves to Nevada, their common-law marriage may be recognised for certain legal purposes, such as the division of property in a divorce. This is because Nevada is a community property state, meaning that all income earned and property accumulated during a marriage belongs equally to both spouses.
In the case of a separation, if a couple has a contract establishing that they are joint owners of property, and they disagree on how to divide it, a civil law court will evaluate the contract and make a division based on contract principles. If there is no contract in place, the court may still divide the property according to the monetary contributions of each partner.
Nevada courts have also adopted the Putative Spouse Doctrine, which grants the legal protections of marriage to an unmarried couple if they entered into a marriage ceremony in good faith and did not know that there was an impediment to their marriage. For example, if one partner was previously married and unbeknownst to the other partner, their divorce papers were never officially filed, the court will still use marital property laws to divide the assets accrued during their putative marriage.
In summary, while Nevada does not generally recognise common-law marriages, there are exceptions to this rule. If a couple entered into a common-law marriage in a state that recognises it and then moves to Nevada, their common-law marriage may be recognised for certain legal purposes, such as property division in a divorce. Additionally, Nevada courts may grant legal protections to unmarried couples who entered into a marriage ceremony in good faith through the Putative Spouse Doctrine.
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Nevada's Putative Spouse Doctrine
Nevada does not recognize common-law marriages. However, the state's putative spouse doctrine provides some legal protections to couples in void marriages. A putative marriage is an apparently valid marriage entered into in good faith by at least one partner, but it is legally invalid due to a technical impediment, such as a prior marriage.
In 2004, the Nevada Supreme Court, in the case of Williams v. Williams, adopted the Putative Spouse Doctrine. The Court held that "fairness and equity favor recognizing putative spouses when parties enter into a marriage ceremony in good faith and without knowledge that there is a factual or legal impediment to their marriage." The putative spouse doctrine applies only to void marriages and not to voidable marriages. Void marriages are those that are automatically and forever void, such as when the spouses are related by blood or either party has a concurrent marriage. On the other hand, voidable marriages are legal and valid but can be annulled if a spouse was underage and without parental consent or if there was a lack of understanding between the spouses.
It is important to note that the putative spouse doctrine does not validate a void marriage. It only provides some legal protections to the innocent spouse, who believed they were legally married. This protection allows the good-faith spouse to enjoy the benefits of marriage, such as property division and, in some cases, alimony awards. However, alimony is usually not ordered in putative marriage cases. Additionally, the putative spouse doctrine does not apply to couples who believe in good faith that they are in a common-law marriage.
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Division of property for cohabiting couples
In Nevada, common-law marriage is not recognised and was abolished in 1943. Therefore, cohabiting couples do not have the same automatic legal protections as married couples. However, there are certain legal rights in place for cohabiting couples.
Cohabiting couples can protect their interests by creating legal agreements, such as a cohabitation agreement, which outlines the rights and responsibilities of each partner regarding property ownership, asset division, and financial support in case of separation. This agreement can help establish clear guidelines for property rights and protect both parties' interests.
In the absence of a cohabitation agreement, determining the division of property can be challenging and may require court intervention. Courts may consider various factors, such as financial contributions, intentions of the parties, and any explicit or implicit agreements made, to determine the division of property.
It is important to note that property division for cohabiting couples is not automatically governed by Nevada's community property laws, which apply to married couples. Instead, property division depends on ownership and any agreements made between the cohabiting parties.
To summarise, while Nevada does not recognise common-law marriage, cohabiting couples can protect their interests by creating legal agreements and documenting their financial contributions and intentions regarding property ownership. In the event of a separation, mediation can be a faster and less costly option than going to court.
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Alimony laws
Nevada does not recognise common-law marriages. However, if a couple has formed a legally binding common-law marriage in a state that allows it, Nevada will treat it as a formal marriage, and the usual divorce proceedings will apply, including the possibility of alimony.
Alimony, or spousal support, is a court-ordered payment from one spouse to the other during and after a divorce. In Nevada, alimony is not granted automatically and is not a given. If you believe you will need alimony, you must ask for it upfront. It is not something you can request after the divorce is final.
Nevada law recognises four basic kinds of alimony: temporary spousal support, permanent alimony, temporary alimony, and rehabilitative alimony. Temporary spousal support, or temporary maintenance, is financial support awarded to a spouse during divorce proceedings. Rehabilitative alimony is ordered so that the receiving spouse can support themselves. It allows the receiving spouse to get the education or training they need for a job or career. The court must consider whether the spouse who is to receive payments provided financial support while the other spouse obtained job skills or education. Permanent alimony is a form of alimony requiring the paying spouse to make payments to the other spouse for an indefinite period.
The amount and duration of spousal support are determined on a case-by-case basis, taking into consideration factors such as the length of the marriage, the earning capacity of each spouse, and the financial need of the recipient. The payment of spousal support can be made in a lump sum, in regular instalments, or a combination of both. Usually, spousal support can be modified or terminated if circumstances change, such as if the recipient spouse remarries or becomes self-supporting.
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Requirements for a legal marriage in Nevada
In Nevada, common-law marriage is not recognised and was abolished in 1943. For a couple to be legally married in Nevada, they must go through the formal process of obtaining a marriage license and having a ceremony. Here are the requirements for a legal marriage in Nevada:
Age and Marital Status
To obtain a marriage license in Nevada, both parties must be at least 18 years old. If one of the parties is a minor of 17 years, they must obtain a court order from a Nevada District Court Judge and have the consent of either parent or legal guardian. Additionally, both parties must not be currently married.
Identification
Both parties must provide government-issued identification to prove their name and age. The following documents are accepted: a driver's license, a driver's permit, or a state-issued ID. If the applicant is clearly over the age of 25, no documentation of proof of age is required.
Kinship
The couple must not be nearer in kin than second cousins or cousins of half-blood.
Consent
Both parties must legally consent to the marriage and understand the nature and consequences of the marriage contract.
Marriage License
The marriage license must be obtained from the County Clerk's office. The license will be issued in the name of each applicant as it is shown on the identification documents presented.
Ceremony
A formal ceremony must be conducted with a licensed officiant. This is required by Nevada law, which states that a solemnization ceremony must take place for the marriage to be valid.
It is important to note that cohabiting couples in Nevada who are not legally married do not have the same legal rights as married couples. However, there are some exceptions. If a couple was legally married in a state that recognises common-law marriage and then moves to Nevada, their marriage may still be recognised for certain legal purposes, such as the division of property in a divorce. Additionally, Nevada courts allow couples to apply community property law to their acquired property, treating it as if it belonged to both parties even if they are not married.
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Frequently asked questions
No, common-law marriage is not recognized in Nevada. For a legal marriage in Nevada, a couple must obtain a marriage license and have a ceremony.
If a couple entered into a common-law marriage in a state that recognizes 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.
While Nevada doesn't recognize common-law marriage, it does allow couples to create a similar situation in terms of shared property. Since 1984, Nevada courts have permitted couples to apply community property law to their acquired property by agreement, allowing community property laws to apply to the property acquired by unmarried (usually cohabiting) couples.
