Las Vegas Annulment

This article provides a detailed overview of annulment in Nevada, including its definition, how it differs from divorce, grounds for annulment, eligibility, the legal process, and important considerations. Whether you’re contemplating an annulment or simply seeking information, this guide will help you understand the complexities of annulling a marriage in Nevada.

Definition of Annulment

An annulment is a legal procedure that declares a marriage null and void, effectively treating it as if it never existed. Unlike a divorce, which ends a valid marriage, an annulment determines that the marriage was never legally valid from the start.

II. Annulment vs. Divorce

Key differences:
• Legal status: Annulment treats the marriage as never having existed; divorce recognizes and terminates a valid marriage.
• Property division: Typically, annulments do not involve property division or spousal support.
• Grounds: Annulments require specific grounds; divorces can be obtained based on incompatibility.
• Residency: Nevada has no residency requirement for annulments, unlike divorces.

III. Grounds for Annulment in Nevada

A. Void Marriages (automatically invalid):

1. Incestuous marriages
2. Bigamous marriages

B. Voidable Marriages (can be annulled by court order):

1. Lack of parental consent for minors
2. Want of understanding (e.g., intoxication, mental incapacity)
3. Fraud
4. Grounds for voiding a contract in equity

Example of fraud: One spouse misrepresented their intention to live together as a married couple.

Example of want of understanding: A person was too intoxicated to comprehend the marriage ceremony.

IV. Who Can Get an Annulment in Nevada

Eligibility for annulment in Nevada includes:

1. Couples married in Nevada, regardless of current residence
2. Nevada residents married elsewhere

No minimum residency period is required for annulments, unlike Nevada’s six-week requirement for divorces.

V. Process for Obtaining an Annulment

1. File a Complaint for Annulment with the appropriate Nevada court
2. Serve the Complaint and Summons to the spouse
3. Wait for the spouse’s response (20 days)
4. If uncontested, submit required documents for the judge’s review
5. If contested, attend a court hearing
6. Receive the Decree of Annulment if granted

Timeframe: The process can take a few weeks to several months, depending on the case’s complexity and whether it’s contested.

VI. Required Documentation

• Family Court Cover Sheet
• Complaint for Annulment
• Summons
• Joint Preliminary Injunction
• Affidavit of Service
• Request for Summary Disposition
• Resident Witness Affidavit (if applicable)
• Decree of Annulment

VII. Costs and Considerations

• Filing fee: $269 in Clark County (as of 2023)
• Additional costs may include attorney fees, service of process fees, and court costs
• Consider potential impacts on property division, child custody, and support obligations

VIII. Pros and Cons of Annulment

Pros:
• Avoids divorce stigma
• May align with religious beliefs
• Can protect against spouse’s debts or fraud

Cons:
• Limited grounds for obtaining an annulment
• May not address property division or support issues
• Can be more complex to prove than divorce

IX. Statistics

While specific annulment statistics for Nevada are limited, national data suggests that annulments are relatively rare, comprising less than 1% of all marriage dissolutions.