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Is the marriage between Indians in accordance with the Indian customs valid in Nevada?

Is the marriage between Indians in accordance with the Indian customs valid in Nevada?

Q: What marriages are not recognized in the US?

Marriages that are not recognized in the U.S. include those that violate state laws, such as polygamous marriages, marriages involving minors without proper consent, and marriages that are considered incestuous. Additionally, some foreign marriages may not be recognized if they conflict with U.S. public policy or state laws.

Full question:

I am living with my wife in Nevada. We married in accordance with the Indian customs before 5 years. Is our marriage valid in Nevada or whether we should remarry?

Category: Marriage
Date: 04/07/2025
State: Nevada

Answer:

The marriage between Indians in accordance with the Indian customs is valid in Nevada. According to NRS § 122.160:

“1. Marriages between Indians performed in accordance with tribal customs within closed Indian reservations and Indian colonies have the same validity as marriages performed in any other manner provided for by the laws of this State, if there is recorded or filed in the county in which the marriage takes place, within 30 days after the performance of the tribal marriage, a certificate declaring the marriage to have been performed.
2. The certificate of declaration required to be recorded or filed by subsection 1 must include the names of the persons married, their ages, tribe, and place and date of marriage. The certificate must be signed by an official of the tribe, reservation or colony.
3. The certificate must be:
(a) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, filed with the county clerk of the county in which the marriage was performed and filed by the county clerk without charge.
(b) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, recorded with the county recorder of the county in which the marriage was performed and recorded by the county recorder without charge”.

In the case at hand, the spouses need not remarry. In Nevada, the marriage between Indians performed in accordance with tribal customs within closed Indian reservations and Indian colonies are valid. Although, they will have to validate it by producing the necessary certificates.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is a marriage in one state valid in another?

Yes, a marriage legally performed in one state is generally valid in another state, provided it complies with the marriage laws of the state where it was conducted. States recognize marriages that are valid in other jurisdictions, including foreign marriages, as long as they do not violate public policy. However, specific requirements may vary, so it's advisable to check with local authorities if you have concerns.

Do I need to register my foreign marriage in the US?

In most cases, you do not need to register a foreign marriage in the U.S. if it was legally performed in the country where it took place. However, some states may require you to file certain documents or provide proof of your marriage for it to be recognized. It's best to consult your local marriage office for specific requirements.

What are the rules for marriage in Nevada?

In Nevada, couples must obtain a marriage license from a county clerk and pay the required fee. There is no waiting period, and the license is valid for one year. Both parties must be present to apply, and identification is required. Nevada recognizes marriages performed according to the customs of various cultures, including Indian customs, as long as they meet legal requirements.