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Q: Nevada Law ( Answered,   1 Comment )
Question  
Subject: Nevada Law
Category: Relationships and Society > Law
Asked by: quadzilla-ga
List Price: $2.00
Posted: 06 Oct 2004 21:18 PDT
Expires: 05 Nov 2004 20:18 PST
Question ID: 411378
Is there currently any "Common Law" statutes effective in the state of Nevada?
Answer  
Subject: Re: Nevada Law
Answered By: skermit-ga on 06 Oct 2004 22:57 PDT
 
Hello,

From the Nevada State Code, common-law marriages are no longer
accepted and haven't been since March 29th, 1943. You can read the
relavant part below, or the full text from the link provided.

---
VALIDITY OF MARRIAGE

      NRS 122.010 What constitutes marriage; no common-law marriages
after March 29, 1943.

      1.  Marriage, so far as its validity in law is concerned, is a
civil contract, to which the consent of the parties capable in law of
contracting is essential. Consent alone will not constitute marriage;
it must be followed by solemnization as authorized and provided by
this chapter.

      2.  The provisions of subsection 1 requiring solemnization shall
not invalidate any marriage contract in effect prior to March 29,
1943, to which the consent only of the parties capable in law of
contracting the contract was essential.
---

http://www.leg.state.nv.us/NRS/NRS-122.html#NRS122Sec045

Thank you for your question.

skermit-ga
Comments  
Subject: Re: Nevada Law
From: expertlaw-ga on 07 Oct 2004 07:53 PDT
 
A pedantic footnote: "Common law" is essentially "judge made law" -
law derived from judicial opinions issued prior to the passage of a
statute governing the relevant legal issue. Sometimes the common law
is later codified into a statute; at other times a statute will modify
or abrogate the common law (as the Nevada statute did with common law
marriages).

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