Nevada Revised Statutes

Nev. Rev. Stat. § 125.320 (2026)

Cause for annulment: Lack of consent of parent or guardian and district court

✓ current as of July 2026
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NRS 125.320  Cause for annulment: Lack of consent of parent or guardian and district court.

      1.  When the consent of a parent, guardian or district court, as required by NRS 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction.

      2.  If the consent required by NRS 122.025 is not first obtained, the marriage contracted without the consent of a parent, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as a married couple. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.

      [Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445; 1943 NCL § 4051] + [Part 19:33:1861; A 1947, 445; 1943 NCL § 4067] + [Part 20:33:1861; A 1947, 445; 1943 NCL § 4068]—(NRS A 1973, 1578; 1975, 1818; 1977, 275; 2017, 769; 2019, 3665)

     

Notes of Decisions
Cited in 3 cases, 2002–2003 · leading case: Kirkpatrick v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 64 P.3d 1056 (Nev. 2003).
Kirkpatrick v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 64 P.3d 1056 (Nev. 2003). · cites it 2× “NRS 125.320(2) provides that a marriage obtained without parental consent may only be annulled "upon application by or on behalf of the person who fails to obtain such consent.”
Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002). · cites it 4× “Although NRS 125.320 states that a marriage is voidable at the insistence of one of the parties to the marriage, it does not grant the parents of the parties the right to contest the marriage.”
Kirkpatrick v. Eighth Jud. Dist. Court of the State of Nevada, 43 P.3d 998 (Nev. 2002). · cites it 4× “Although NRS 125.320 states that a marriage is voidable at the insistence of one of the parties to the marriage, it does not grant the parents of the parties the right to contest the marriage.”
— Nev. Rev. Stat. § 125.320(1) — 2 cases
Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002). “Although NRS 125.320 states that a marriage is voidable at the insistence of one of the parties to the marriage, it does not grant the parents of the parties the right to contest the marriage.”
Kirkpatrick v. Eighth Jud. Dist. Court of the State of Nevada, 43 P.3d 998 (Nev. 2002). “Although NRS 125.320 states that a marriage is voidable at the insistence of one of the parties to the marriage, it does not grant the parents of the parties the right to contest the marriage.”
— Nev. Rev. Stat. § 125.320(2) — 3 cases
Kirkpatrick v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 64 P.3d 1056 (Nev. 2003). “NRS 125.320(2) provides that a marriage obtained without parental consent may only be annulled "upon application by or on behalf of the person who fails to obtain such consent.”
Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002). “Although NRS 125.320 states that a marriage is voidable at the insistence of one of the parties to the marriage, it does not grant the parents of the parties the right to contest the marriage.”
Kirkpatrick v. Eighth Jud. Dist. Court of the State of Nevada, 43 P.3d 998 (Nev. 2002). “Although NRS 125.320 states that a marriage is voidable at the insistence of one of the parties to the marriage, it does not grant the parents of the parties the right to contest the marriage.”
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