Annulment is a legal process that declares a marriage null and void. It’s like the marriage never occurred.
In Nevada, annulment is available to folks who meet specific legal requirements.
In this blog post, we will provide a quick guide for annulments in Nevada. We will quickly explain the grounds for annulment, the process, and the legal consequences of getting an annulment.
Grounds for Annulment in Nevada
In Nevada, annulment is available only under specific circumstances. To obtain an annulment, a party must show that the marriage is invalid due to one of the following grounds:
Lack of Consent
If one of the parties cannot consent to the marriage, the marriage can be annulled. This can occur if one party is underage, under the influence of drugs or alcohol, or mentally incapacitated. The decision to annul a marriage for lack of consent is up to the judge.
If one party obtained the other party’s consent to marry through fraud, the marriage could be annulled. For example, if one party lied about their age or concealed a prior marriage, this could constitute fraud.
Another way to annul a marriage for fraud is to show the person married you solely for immigration status. Again, like lack of consent, the decision about whether or not a marriage will be annulled for fraud is up to the judge.
If one party was already married at the time, the marriage could be annulled. This is because a person cannot legally marry two people simultaneously. These types of annulments are granted automatically as a matter of law.
Incest: The marriage can be annulled if the parties are closely related. Marriages between parents and children, siblings, and first cousins are prohibited in Nevada. These marriages are automatically null and void.
If one party cannot consummate the marriage, the marriage can be annulled. An annulment request for physical incapacity is also up to the judge to decide if the annulment will be granted.
Annulment Process in Nevada
To obtain an annulment in Nevada, the party seeking the annulment must file a petition with the court. The petition must include information about the marriage, the grounds for annulment, and any relevant evidence.
The other party must be personally served with a copy of the petition. If your spouse cannot be found, you need to search for them, including providing a last known address, trying to find them on social media, and looking them up online. Only after you have exhausted all options to reach your spouse can you serve them via publication.
Once your spouse has been served, whether in person or by publication, your spouse has 20 days to file a response.
The process can be straightforward if both parties agree to the annulment. However, voidable marriages like lack of consent and fraud may require a judge to sign off on the annulment.
If one party contests the annulment, the case may proceed to trial. The court will determine whether the grounds for annulment have been met and will issue an order declaring the marriage null and void.
Legal Consequences of Annulment in Nevada
If a marriage is annulled, it is as if it never existed. Unlike divorce, your annulment judge cannot divide property or award alimony. If there are children, and you meet the jurisdictional requirements for child custody, the annulment judge can decide about child custody, visitation, and support.
It is essential to note that the time frame for seeking an annulment in Nevada is relatively short. The longer you wait to annul a voidable marriage (fraud, lack of consent, or physical incapacity), the harder it will be to get it annulled.
The Court can consider that you have waived your right to seek an annulment of a voidable marriage if you wait too long. As such, you should move quickly if you want to annul your marriage.
Annulment is a legal process available to individuals in Nevada who meet specific requirements. If you believe your marriage may be invalid and meet one of the grounds for annulment, speaking with an experienced Las Vegas Annulment Attorney is crucial. An attorney can guide you through the process, explain your legal rights, and help you obtain the best possible outcome.
Are you in Las Vegas and need to speak with an attorney about annulling your marriage?
Look no further than The Rosenblum Allen Law Firm. We understand that sometimes marriages don’t work out, and we’re here to help you through the process of ending a marriage legally.
We’ve helped many Las Vegas locals with this issue and can ensure you get the needed assistance. Don’t let complications hold you back – contact our law firm to get started on annulling your marriage today!
Call us at (702) 433-2889 for more information.