Cecily Zamora
Nevada does not recognize common-law marriages, regardless of how long a couple has lived together or their future intentions. However, in certain circumstances, Nevada courts will grant the legal protections of marriage to an unmarried couple if they meet specific requirements, such as cohabitation and the existence of a confidential relationship. If a couple breaks up, property division falls under the jurisdiction of civil court, and the controlling law will be contract and palimony principles. While Nevada has few laws addressing common-law marriages, its courts may consider the validity of a marriage upon certain conditions, such as the existence of power of attorney documents.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Nevada does not recognize common-law marriages |
| Legal requirements for marriage | Both parties must be at least 18 years old, cannot have a spouse living in or out of state, and must obtain a marriage license and have a ceremony |
| Jurisdiction for property division between unmarried couples | Civil court, not family court |
| Controlling law for property division between unmarried couples | Contract and palimony principles, not community property statutes |
| Recognition of common-law marriage in other states | Nevada may recognize common-law marriages from other states if the couple signed power of attorney documents |
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What You'll Learn
Common-law marriage in Nevada
Common-law marriage is an arrangement where two people live together and carry out marital obligations without obtaining a legal marriage certificate. While common-law marriages are recognised in 11 US states, Nevada is not one of them.
Recourse for Common-Law Couples in Nevada
If a common-law couple in Nevada separates, the property division falls under the jurisdiction of civil court, not family court. The controlling law will be based on contract and palimony principles, not community property statutes. This is true for both same-sex and opposite-sex couples.
However, there are certain circumstances where Nevada courts will grant the legal protections of marriage to an unmarried couple. Under the putative spouse doctrine, if a couple entered into a marriage ceremony in good faith and did not know that there was an impediment to their marriage, the court will still use marital property laws to divide their assets in the event of a split.
Additionally, if a couple wants Nevada to recognise their common-law marriage from another jurisdiction, they are usually advised to sign power of attorney documents. If they have a contract establishing joint ownership of property, a civil law court may get involved in property division.
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Property division in civil court
Nevada does not recognize common-law marriages, regardless of how long a couple has lived together or their future intentions. Therefore, if you break up with your long-term partner in Nevada, the property division falls under the jurisdiction of civil court and not family court. The controlling law will be based on contract and palimony principles, not community property statutes. This applies to both same-sex and opposite-sex couples.
In Nevada, the law differentiates between two types of property in a marriage: community property and separate property. Community property includes almost everything acquired by either spouse during the marriage, including earnings, property bought, and debts incurred. This means that, upon divorce, such property and debt are divided equally between the spouses. Separate property, on the other hand, belongs solely to one spouse. This includes assets owned before the marriage, gifts, inheritances, and any property agreed upon as separate by the spouses.
A key concept in Nevada's property division is the commingling of assets, where separate property blends with community property, making it challenging to determine the original ownership. For instance, if separate funds are deposited into a joint account used for marital expenses, those funds may be deemed commingled and thus become community property. To maintain the separate nature of property, clear documentation and physical separation from marital assets are necessary. In disputes over whether a property is separate or commingled, courts may examine financial records, written agreements, and other evidence to make a determination.
Nevada courts aim to divide assets as evenly as possible, but they can also order an unequal distribution if deemed necessary based on factors such as the duration of the marriage, each spouse's financial condition, and contributions to acquiring property. Economic misconduct, such as actions by one spouse that waste, deplete, or conceal assets to reduce the marital estate available for division, is a significant consideration in Nevada's property division process.
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Emotional harm claims
Common-law marriages are no longer recognized in Nevada, though there are certain circumstances in which a common-law marriage may be considered valid, such as during divorce or separation proceedings.
In Nevada, emotional distress claims are taken seriously and are legally recognized as mental suffering caused by someone else's negligence or intentional acts. Emotional distress claims can be difficult to prove due to the lack of visible injuries, but they can arise from a variety of situations, including car accidents, medical malpractice, and witnessing the death of a loved one due to another's negligence.
To build a strong emotional distress claim in Nevada, various types of evidence are required:
- Direct Testimony: The claimant can describe their feelings, experiences, and the impact of the emotional distress on their life, including details of the incidents or actions that caused the distress and its psychological effects.
- Expert Witness Testimony: Mental health professionals can evaluate the claimant and offer insights on the nature, severity, cause, and potential long-term effects of the emotional distress.
- Medical Records: Documentation from healthcare providers can establish the existence and extent of emotional distress, as well as any resulting physical symptoms.
In Nevada, claims for negligent infliction of emotional distress can be filed by direct victims, closely related bystanders who witness an accident, or close family members in cases of negligent handling of a deceased person's remains. "Closely related" means the victim is a part of the claimant's immediate family, a relative by blood or marriage, or the nature and quality of the relationship reflect actual closeness.
Compensation for emotional distress claims typically includes medical bills, therapies, medications, and lost wages. Nevada also recognizes spousal rape, offering support services and confidentiality measures to protect victims from further trauma.
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Libelous statements
Libel is a form of defamation, which is defined as a false statement that would "tend to lower the subject in the estimation of the community and to excite derogatory opinions against him and to hold him up to contempt". In Nevada, libel is categorised as written defamation or defamation published in a tangible medium, including statements published in newspapers, magazines, books, online articles, social media posts, emails, or text messages.
Nevada Revised Statutes (NRS) § 200.510 defines libel as:
> a malicious defamation, expressed by printing, writing, signs, pictures or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt or ridicule.
Libel can be charged as a gross misdemeanour crime in Nevada, but it is more commonly the subject of a civil suit brought by the injured party. To establish a claim for defamation in Nevada, the plaintiff must prove four essential elements: a false and defamatory statement concerning the plaintiff, which was unprivileged and published to a third party, made with at least negligence, and either actionable regardless of special harm or caused special harm to the plaintiff.
Nevada law also provides several defences to libel charges, including the truth. If it can be demonstrated that the statements were factual, the libel charges cannot stand. Other defences include privilege for insurance communications, privilege for communications between employers and employees, and privilege for statements made during official proceedings of the Gaming Control Board or Commission.
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Gross negligence
Nevada does not recognize common-law marriages, regardless of how long a couple has lived together or their future intentions. Common-law marriage is a legal concept that recognizes a legal marriage by virtue of people living together and acting as if they were spouses, without a formal ceremony or marriage license. Nevada abolished common-law marriage in 1943, and a couple must obtain a marriage license and have a ceremony to be legally married in the state.
Now, moving on to the concept of 'gross negligence', which is a legal term that is often discussed in personal injury cases. Gross negligence is a severe breach of the duty of care, constituting recklessness, wanton endangerment of others, maliciousness, fraud, or intent to harm. It is considered a more extreme form of ordinary negligence, which refers to careless mistakes or inattentive errors that cause harm to others.
In Nevada, gross negligence can result in punitive damage awards in addition to compensatory damages. This means that the defendant may have to pay an additional sum as punishment for their reckless actions or to supplement the compensatory damages awarded to the plaintiff.
- A driver who drinks excessively, attempts to drive home, and causes a crash resulting in property damage, injury, or death.
- A medical professional prescribing a medication to a patient that their intake form indicates they are allergic to, causing sickness or death.
- A nursing home failing to provide a patient with food or water for an extended period, resulting in sickness or death.
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Frequently asked questions
No, Nevada does not recognize common-law marriage. A couple must obtain a marriage license and have a ceremony for their marriage to be considered legal.
In some cases, Nevada may recognize common-law marriages from other states. For this to be valid, the couple must have signed power of attorney documents before declaring their common-law marriage in Nevada.
If an unmarried couple with children breaks up, a court will make custody and visitation decisions based on what is in the best interest of the child. If the couple has shared property, the civil court will use contract and palimony principles to determine how it is divided.
A common-law marriage is an arrangement where two people live together and carry out marital obligations without obtaining a legal marriage certificate. In contrast, a legal marriage requires a couple to obtain a marriage license and have a ceremony.
