Is the marriage between Indians in accordance with the Indian customs valid in Nevada?
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?
11/23/2016 |
Category: Marriage |
State: Nevada |
#27063
Answer:
“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”.
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.
