Clarifying these distinctions is key for couples considering marriage to relatives and those who have moved from states with different cousin marriage statutes. This guide explains what Nevada law says and highlights important legal considerations to keep in mind.
Nevada’s Clear Stance on First Cousin Marriages
Under Nevada Revised Statutes (NRS) § 122.020, marriage between first cousins is explicitly prohibited. The law states that:
“Marriages between ancestors and descendants, brothers and sisters, uncles and nieces, or aunts and nephews, whether by the whole or half blood, and between first cousins, are prohibited.”
This means that even if both parties are consenting adults, any marriage between first cousins is considered legally void in Nevada. The state enforces this ban to prevent incestuous relationships and protect public health.
Legal Acceptance of Marriages Between More Distant Cousins
While first-cousin marriages are banned, marriage between second cousins or more distant relatives is lawful in Nevada. This distinction is important and often overlooked:
- Second cousins share great-grandparents, which is considered a sufficiently distant relation under Nevada law.
- There are no legal restrictions on marriage beyond first cousins in the state statutes.
So, individuals related as second cousins or more distantly can legally marry in Nevada without any complications arising from familial proximity.
Recognition Challenges for Out-of-State Cousin Marriages
If you marry your first cousin in a state where it is legal (such as California or New York) and then move to Nevada, issues around recognition may arise. While the Full Faith and Credit Clause of the U.S. Constitution generally requires states to honor public acts from others, Nevada’s clear rejection of first-cousin marriages complicates the matter. Experts note:
“Nevada could refuse to legally acknowledge a first-cousin marriage performed elsewhere for certain purposes, although the issue remains legally unsettled.”
Due to this uncertainty, consulting a family law attorney is advisable for couples in interstate situations to understand legal rights and risks.
Reasons Behind Nevada’s Ban on First Cousin Marriage
Nevada’s ban reflects historical, cultural, and health considerations, including:
- Concerns about genetic risks to offspring born from close-relative unions.
- Desire to uphold longstanding social norms and prevent incestuous relationships.
- Prevention of any potential legal and ethical complications from close-consanguinity marriages.
Despite modern genetic research indicating lower risks than previously assumed, many states like Nevada maintain these bans as public policy.
Consequences and Legal Implications of Marrying a First Cousin in Nevada
Marrying a first cousin in Nevada results in a marriage that is considered legally void and without effect. Specific consequences include:
- The marriage can be challenged and annulled in court.
- Legal rights such as inheritance and spousal benefits may be denied.
- The couple might need to undertake annulment or legal separation proceedings.
- There are generally no criminal penalties unless there is fraud or misrepresentation during the marriage licensing process.
Understanding these risks is crucial for those contemplating marriage to a first cousin in Nevada.
Stay Informed and Seek Legal Guidance
Given the complex nature of cousin marriage laws and the significant variance between states, it is vital for couples to be well-informed. If your circumstances involve:
- Marriage to a cousin in another state followed by relocation to Nevada.
- Questions about the legality of distant cousin relationships.
- Clarification on rights and legal protections post-marriage.
Consulting a qualified family law attorney can provide personalized advice. More detailed information can be found at Collin County Magazine.