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 a Nevada annulment or Nevada divorce?” 

We answer this question here.

Annulment vs. Divorce

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.

Why You Haven't Hired a Las Vegas Divorce Attorney Yet

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Further Reading

Our lead attorney, Molly Rosenblum, Esq., not only excels in legal representation but has also developed a comprehensive suite of resources to assist you in various aspects of family law. These resources, accessible on the Rosenblum Law website, are meticulously crafted to provide you with detailed insights and guidance, ensuring you have the support and information you need during crucial times:

  1. Las Vegas Family Law Attorneys: Navigate the complexities of family law in Las Vegas with expert advice and representation, tailored to protect your interests and those of your loved ones. Explore the resource.

  2. Family Court Las Vegas: Understand the intricacies of the family court system in Las Vegas and learn how to effectively navigate through it. Learn more.

  3. Common Law Marriage in Nevada: Discover the legal stance of Nevada on common law marriage and what it means for your relationship. Read about it here.

  4. Name Change Las Vegas: Find a straightforward guide to legally changing your name in Las Vegas, ensuring you follow all necessary legal procedures. Start the process.

  5. Nevada Power of Attorney: Learn how to grant someone the legal authority to make decisions on your behalf in Nevada with a power of attorney. Understand the details.

  6. How to File a Motion in Family Court: Get step-by-step guidance on filing a motion in family court, a crucial step in many family law proceedings. Learn how to file.

  7. Family Court Mediation: Explore the benefits of mediation in resolving family disputes and learn how it can lead to amicable solutions. Discover the advantages.

  8. Unbundled Attorney: Understand the concept of unbundled legal services and how they can provide cost-effective legal assistance for specific parts of your case. Learn about unbundled services.

  9. Nevada Adoption: Navigate the adoption process in Nevada with comprehensive guidance, from understanding legal requirements to finalizing the adoption. Explore the adoption process.

Molly Rosenblum, Esq., is committed to providing you with accessible, in-depth resources to address your family law needs effectively. We encourage you to take advantage of these valuable resources to make informed decisions and navigate your legal journey with confidence.

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Offsite Resources You May Find Helpful

Here are seven offsite resources that provide information about the differences between annulment and divorce:

  1. American Bar Association: This is a professional organization that provides law school accreditation, continuing legal education, legal information, and other services to attorneys.

  2. Nolo: This website provides legal information to consumers and small businesses, including articles, blogs, FAQs, and news on issues such as divorce and annulment.

  3. Justia: A platform that provides free legal information and a directory of attorneys for various legal issues, including family law issues like divorce and annulment.

  4. FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics including annulment and divorce.

  5. LegalZoom: This online legal technology company provides legal information and services to consumers and small businesses, including information about family law issues like divorce and annulment.

  6. This online resource provides free legal help for people with low incomes, including information about divorce and annulment.

  7. Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including divorce and annulment.

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What's Next?

Are you looking for a skilled and reliable divorce attorney in Las Vegas?

Look no further than The Rosenblum Allen Law Firm.

Our team of experienced lawyers is here to ease the stress of this challenging time, helping protect your rights, assets, and wellbeing.

With our commitment to customer service excellence and unparalleled expertise – we’re confident that choosing us as your representative advocate is the right decision. Take back control over your life – call us today at (702) 433-2889! We look forward to hearing from you soon!

Frequently Asked Questions

What is child custody, and how is it determined in Las Vegas?

Child custody is the legal responsibility for a child's care and well-being after a divorce or separation. In Las Vegas, child custody is determined based on the child's best interests. Factors such as parental fitness, the child's preferences (if appropriate age), and each parent's ability to provide a stable and nurturing environment are considered.

What are the grounds for obtaining an annulment in Las Vegas?

In Las Vegas, grounds for annulment include fraud, bigamy, lack of consent, impotence, or one or both parties being underage at the time of marriage. Annulment declares a marriage null and void, as if it never existed, based on these specific legal reasons.

What is a fault divorce, and is it recognized in Las Vegas?

A fault divorce is where one spouse is found responsible for the marriage breakdown due to actions such as adultery, cruelty, or abandonment. In Las Vegas, fault divorces were historically recognized, but Nevada now primarily operates under a no-fault divorce system, where neither party needs to prove fault to obtain a divorce.

What constitutes a valid marriage in Las Vegas?

In Las Vegas, a valid marriage requires both parties to have legal capacity, provide mutual consent, and obtain a valid marriage license. Both parties must be of legal age and not already married to someone else. Additionally, the marriage ceremony must adhere to the state's legal requirements.

How does a religious annulment differ from a legal annulment in Las Vegas?

Religious authorities grant a religious annulment and pertain to the spiritual or religious aspects of the marriage. In Las Vegas, a religious annulment does not have legal standing. It is separate from a legal annulment recognized by the state and involves the nullification of a marriage based on specific legal grounds.

How is property divided in a Las Vegas divorce or annulment?

In Las Vegas, property division in a divorce or annulment follows community property laws, which means that marital property is divided equally between spouses. Marital property includes assets acquired during the marriage, while separate property remains with each individual.

Under what circumstances can a marriage be annulled in Las Vegas?

In Las Vegas, marriages can be annulled only under specific limited circumstances, such as cases involving fraud, bigamy, lack of consent, impotence, or underage marriage. These situations provide legal grounds for annulling a marriage, rendering it null and void.

What is a no-fault divorce, and is it applicable in Las Vegas?

A no-fault divorce is a type of divorce where neither party is required to prove fault or blame for the marriage's failure. In Las Vegas, no-fault divorce is recognized, allowing couples to seek a divorce without attributing fault to either party.

How does mental capacity affect the validity of a marriage in Las Vegas?

In Las Vegas, for a marriage to be valid, both parties must have the mental capacity to understand the nature of the marriage contract and provide informed consent. If one or both parties lacked the mental capacity to consent at the time of the marriage, it may be grounds for annulment.

What are considered legal grounds for divorce or annulment in Las Vegas?

Legal grounds for divorce in Las Vegas include incompatibility and living separately for at least one year. For annulment, legal grounds involve specific limited circumstances, such as fraud, bigamy, lack of consent, impotence, or underage marriage, as the state's laws recognize.

What are some common grounds for seeking an annulment in Las Vegas?

Some common grounds for seeking an annulment in Las Vegas include cases involving fraud, where one party misrepresented important information, and cases where one or both parties were underage at the time of the marriage. Additionally, bigamy and lack of consent are common grounds for annulment in the city.

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