Candelaria v. Kelly

Summary

The Nevada Supreme Court held that a same-sex marriage validly solemnized in another state before Nevada recognized such marriages must be recognized retroactively for divorce-related property division. It nevertheless held that the marriage could not be backdated to an earlier relationship date because Nevada does not recognize common-law marriage and the requested factor-based remedy would effectively create an exception to that statutory prohibition. The court therefore affirmed the divorce decree treating the marriage as beginning in 2008.