Annulment vs. Divorce

You know your marriage is over. 

How to end the marriage is always a big question. 

One of the most often asked questions we get in our practice is, “Should I file for an annulment or divorce?” 

We answer this question here.

If you are looking to file your case in Nevada, you will need to answer a few questions:

First, were you married in Nevada? 

If you were married in Nevada, you could file an annulment here, but you may not be able to file for a divorce. To qualify for a divorce, you must live in Nevada for at least six weeks before filing. 

If you don’t live in Nevada and didn’t get married in Nevada, you will not be able to file for an annulment or a divorce in Nevada. 

If you were married in Nevada and live in Nevada, you qualify for an annulment or a divorce. 

The next question is, “Is my marriage a void marriage?” 

Void marriages are marriages that cannot exist by law. This circumstance happens if you marry your cousin or close family member. It also occurs if you were married, never divorced, and then married someone else. If the marriage is void, you will file for an annulment, not divorce. 

If your marriage is not void but instead voidable, you might qualify for an annulment. Voidable marriages are marriages that might not be valid for one reason or another. 

Usually, a marriage can get voided if there is fraud. For instance, marrying for immigration purposes.

It can also get voided if both parties were so drunk they didn’t understand what they were doing when they said, “I do.” 

Funny enough, lots of people think that coming to Vegas and getting married by Elvis isn’t real. It is, and that is a voidable marriage. In these circumstances, you can file an annulment if you don’t live in Nevada. If you live in Nevada, you could file for annulment or divorce. 

Next, you need to decide whether you want alimony. Also, whether to divide assets and debts accumulated during the marriage. You must file for divorce if you are looking for alimony or a property division. 

An annulment means the marriage never happened. You will not qualify to receive alimony or split property when the marriage gets annulled. 

We know that deciding whether to file an annulment or a divorce can be confusing. If you are considering ending your marriage, you should consult a good family lawyer. We’re ready to help you to see if you qualify for an annulment or a divorce.

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