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Las Vegas Annulment

Annulments are often misunderstood. Unlike divorce, which ends a legally recognized marriage, an annulment declares that the marriage was never valid in the first place. This can be due to various reasons that existed during the marriage, making it legally void or voidable.

If you’re considering an annulment in Las Vegas, this guide will help you understand the process, the grounds for annulment, and the potential outcomes. We’ll also break down the differences between annulment and divorce to help you decide which path might be right for you.

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The Rosenblum Allen Law Firm provides guidance and support for those seeking information about annulments in Las Vegas. Call us at (702) 433-2889 for help today.

What is an Annulment?

Legal Definition of Annulment in Nevada

An annulment is a legal procedure that cancels a marriage, treating it as though it never happened. Unlike a divorce, which ends a valid marriage, an annulment erases the marital status from a legal perspective.

Key Differences from Divorce

  • Marital Status: After an annulment, it’s as if you were never married; no “ex-spouse” status exists.
  • Legal Grounds: Annulments have specific grounds that must be met, unlike divorces, which can be granted on a no-fault basis.
  • Effect on Property and Debts: Property division and spousal support may not be handled like in divorce.

Common Misconceptions About Annulments

Many people think annulments are only for short marriages, but that’s not true. The length of the marriage doesn’t automatically qualify you for an annulment. Instead, it’s the grounds on which the marriage is challenged that matter.

Annulment Myths vs. Reality

  • Myth: You can annul any short marriage.
    • Reality: The length of the marriage is not a qualifying factor.
  • Myth: Annulments are easy to get if both parties agree.
    • Reality: You must still prove legal grounds.
  • Myth: An annulment is the same as a religious annulment.
    • Reality: Legal and religious annulments are separate; one does not replace the other.
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Annulment cases in Las Vegas are handled in family court, where specific legal grounds must be proven.

Grounds for Annulment in Las Vegas

To annul a marriage in Nevada, you need valid legal grounds. These grounds are specific and must be proven in court.

Legal Grounds for Annulment in Nevada

The state of Nevada recognizes several grounds for annulment:

  • Lack of Consent: If one or both parties were unable to consent to the marriage due to mental incapacity, intoxication, or other factors, the marriage may be annulled.
  • Fraud or Misrepresentation: If one party lied about or hid significant information that would have affected the other’s decision to marry (e.g., hiding a criminal past or inability to have children).
  • Bigamy: If one spouse was legally married to someone else at the time of the marriage.
  • Consanguinity: If the marriage was between close blood relatives.
  • Underage Marriage: If one or both parties were under the legal age to marry without proper consent.

Proving Grounds in Court

Evidence is crucial when seeking an annulment. Unlike a divorce, where mutual agreement can often be enough, an annulment requires you to prove that one of the specific grounds existed at the time of the marriage.

  • Documents: Marriage and birth certificates, proof of previous marriages, or legal documents showing incapacity.
  • Witness Testimony: Friends, family, or professionals who can corroborate your claims.
  • Expert Evidence: Psychological evaluations and expert reports on fraud or deception.

Courts will evaluate this evidence carefully, so the more thorough and credible your proof, the stronger your case will be.

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The annulment process in Las Vegas involves specific legal steps and documentation, handled within the local court system.

The Annulment Process in Las Vegas

Annulments in Las Vegas follow a specific legal process. While similar to a divorce in some procedural aspects, unique requirements must be met.

Filing for an Annulment

Filing for an annulment involves several steps, starting with gathering the necessary documents and filing the appropriate paperwork.

  • Where to File: Annulment petitions are filed in the Family Court of the Eighth Judicial District Court in Clark County, Nevada.
  • Required Documentation: Marriage certificate, evidence supporting your grounds for annulment, and identification documents.
  • Filing Fees and Costs: Filing fees vary but typically range from $300 to $500, not including attorney fees.

Court Proceedings for Annulment

Once your petition is filed, the court will set a hearing date. During the hearing, you must present evidence supporting your grounds for annulment.

  • What to Expect in an Annulment Hearing: The judge will review the petition, evidence, and any testimonies. Both parties may present their case, and the judge will decide based on the legal grounds and evidence provided.
  • Role of Legal Representation: While not mandatory, having a lawyer can help navigate the complex legal requirements, especially if the annulment is contested.
  • Possible Outcomes of the Hearing: The judge may grant or deny the annulment based on the evidence. If denied, you may have to pursue a divorce instead.

This section covers the essentials of an annulment, the grounds you need to prove, and how the process works in Las Vegas. If you’re considering an annulment, understanding these details can help you make informed decisions and prepare adequately for the legal journey.

How Long Does the Annulment Process Take?

The timeline for an annulment in Las Vegas can vary widely depending on the circumstances of the case. Unlike divorce, which has more predictable timelines, annulments depend heavily on proving specific grounds. This can add complexity and time to the process.

Typical Timeline for Annulments

  • Filing and Initial Steps: The process starts with filing the annulment petition. Depending on how quickly you can gather the necessary documents and prepare your case, this typically takes a few days to a week.
  • Court Hearings: Once filed, the court schedules a hearing. In some cases, this hearing can be set within a few weeks, especially if both parties agree and the grounds are clear. For contested annulments or those requiring extensive evidence, hearings might be scheduled several months out.
  • Judge’s Decision: After the hearing, a judge may issue a decision immediately, or it could take additional time if the case is complex.

Factors That Affect the Duration

Several factors can influence how long your annulment will take:

  • Complexity of Grounds: Proving fraud or misrepresentation often requires substantial evidence, which can slow down the process.
  • Contested vs. Uncontested: The process is faster if both parties agree to the annulment and its grounds. If contested, it can take much longer.
  • Court Scheduling: The court’s availability can impact the timing. Busy court calendars or delays in scheduling hearings can extend the overall timeline.
  • Document Preparation: Delays in gathering necessary documents, evidence, or affidavits can prolong the annulment process.

An annulment might be completed in as little as a month in simple, uncontested cases. However, more complicated or contested cases can take six months or more.

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Understanding the key differences between annulment and divorce can help you decide which option is right for your situation.

Annulment vs. Divorce: Which Is Right for You?

Choosing between an annulment and a divorce can be confusing. Each option has distinct legal, financial, and personal implications. Understanding the key differences will help you choose your situation best.

Critical Differences Between Annulment and Divorce

  • Legal Status: An annulment treats the marriage as if it never happened, while a divorce ends a legally recognized marriage.
  • Grounds Required: Annulments require specific grounds (like fraud or bigamy) that must be proven. Divorces in Nevada can be granted on no-fault grounds, like incompatibility.
  • Effect on Property and Debts: Annulments may not follow the same property division rules as divorce. Because the marriage is considered void, there might be fewer legal obligations to split assets.
  • Spousal Support: Unlike divorce, annulments often do not include provisions for spousal support since the marriage is deemed invalid.

Scenarios Favoring Annulment Over Divorce

Annulment might be the right choice in specific scenarios:

  • Fraud or Misrepresentation: If your spouse lied about significant details, like their identity, ability to have children, or legal status.
  • Bigamy or Underage Marriage: If your marriage was legally invalid due to one spouse already being married or due to age restrictions.
  • Religious or Personal Beliefs: Some people prefer annulment over divorce due to religious or personal beliefs that do not recognize divorce.

Scenarios Favoring Divorce Over Annulment

In some situations, a divorce may be a more practical or necessary route:

  • Lack of Grounds: Divorce is often the only option if you do not meet the specific grounds for annulment.
  • Desire for Property Division or Spousal Support: Divorces handle the division of marital assets and debts and can include spousal support.
  • Long-Term Marriages: Courts may be more likely to grant a divorce if the marriage has lasted a significant amount of time.

Deciding between annulment and divorce often depends on the specifics of your marriage and your personal goals. Consulting with a legal professional can help you weigh the pros and cons based on your unique circumstances.

Consequences of an Annulment

An annulment can have significant legal and personal consequences. Understanding what happens when a marriage is annulled, especially regarding property, children, and financial responsibilities, is essential.

Legal Effects of Annulment

  • Status of Marital Property and Assets: Since annulments treat the marriage as though it never existed, there is often no legal obligation to divide property or debts as in a divorce. However, courts sometimes make equitable decisions, mainly if assets were jointly acquired.
  • Custody and Child Support Considerations: Annulments do not affect children’s rights and responsibilities. Child custody, support, and visitation are handled separately and focus on the child’s best interests.
  • Financial Obligations Post-Annulment: Unlike divorce, annulments rarely include alimony or spousal support provisions. This can impact financial stability, particularly for spouses who are dependent during the marriage.

Effects on Children of the Marriage

  • Legitimacy Concerns: While an annulment voids the marriage, children born during the marriage are still considered legitimate. This means they have the same rights as children of legally married parents.
  • Custody and Visitation Rights: Similar to divorce proceedings, custody decisions will be based on what is best for the child. An annulment does not disadvantage children when it comes to custody and support.

Annulment is not just a legal reset button—it comes with real-life consequences that can impact your financial and emotional well-being. Understanding these effects can help you better prepare for what lies ahead and make informed decisions.

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The cost of an annulment in Las Vegas includes filing fees, attorney costs, and other potential expenses, which can vary depending on the case.

Cost of Annulment in Las Vegas

Annulments can be less expensive than divorces, but costs can still increase. Understanding the financial aspects of the process can help you budget accordingly. Let’s break down the typical expenses and what factors can influence them.

Typical Costs Involved in Annulment Cases

The cost of an annulment varies depending on the complexity of your case, whether it’s contested, and if you hire legal representation. Here’s a breakdown of expected costs:

  • Filing Fees: The fees paid to the court when you file your annulment petition. In Las Vegas, filing fees usually range between $300 and $500.
  • Attorney Fees: Legal representation can cost between $1,500 and $5,000, depending on the attorney’s experience and the case’s complexity.
  • Court Costs can include additional fees for document handling, copies, or other administrative needs.
  • Service Fees: If your spouse needs to be formally served with annulment papers, you may need to pay a process server or sheriff to deliver them. This typically costs around $50 to $100.

Factors That Can Increase Costs

Several factors can drive up the cost of an annulment:

  • Contested vs. Uncontested: If your spouse contests the annulment, it can lead to additional hearings, more attorney hours, and potentially higher costs.
  • Need for Evidence or Witnesses: If proving your grounds requires expert testimony, psychological evaluations, or substantial evidence gathering, these additional services can be expensive.
  • Legal Complexity: Cases involving fraud, bigamy, or disputes over financial matters can be more complex and costly.

While annulments are generally less expensive than divorces, it is essential to prepare for potential costs that might arise, especially in contested situations.

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Consulting with a lawyer can provide valuable guidance through the complexities of the annulment process in Las Vegas.

Do You Need a Lawyer for a Las Vegas Annulment?

Hiring a lawyer for an annulment isn’t mandatory, but it can be highly beneficial, especially if your case involves complex grounds or is contested. Legal guidance can simplify the process and help protect your rights.

Benefits of Hiring Legal Representation

  • Simplifying the Process: A lawyer can guide you through the paperwork, help gather necessary evidence, and represent you in court, making the experience less stressful and more efficient.
  • Expert Advice on Grounds: Annulments require specific legal grounds, and proving them can be challenging. An experienced attorney can assess your case, advise you on the best grounds to pursue it, and build a strong argument.
  • Handling Contested Annulments: Having a lawyer becomes even more crucial if your spouse contests the annulment. They can handle court appearances, negotiate with the opposing party, and help protect your interests.

Self-Representation in Annulment Cases

While self-representation is an option, it’s essential to weigh the pros and cons:

  • Pros:
    • Lower costs since you won’t be paying attorney fees.
    • Greater personal control over your case and decision-making.
  • Cons:
    • Navigating the legal system can be confusing and time-consuming.
    • Increased risk of making mistakes that could lead to delays or dismissal of your case.
    • Difficulty in handling contested annulments or complex evidence requirements.

If your case is straightforward and uncontested, self-representation might work for you. However, if the annulment is complex or contentious, investing in legal help can save you time, stress, and potential errors.

How to Choose the Right Lawyer for Your Annulment Case

Finding the right lawyer can make all the difference in your annulment process. The right attorney will guide you through every step and ensure your case is handled with the care it deserves.

Qualities to Look for in an Annulment Attorney

Choosing a lawyer isn’t just about their qualifications—it’s also about finding someone you can trust and feel comfortable with. Here are some essential qualities to consider:

  • Experience in Nevada Family Law: Annulments have specific legal nuances that require in-depth knowledge of Nevada family law. Look for an attorney with expertise in annulment cases.
  • Track Record with Annulment Cases: Ask about their success rate with annulments. A lawyer with a strong track record can provide valuable insights into what to expect.
  • Clear Communication: Your lawyer should explain legal terms in a way that’s easy to understand and keep you informed throughout the process.
  • Empathy and Understanding: Annulments can be emotionally challenging. Finding an attorney who shows compassion and listens to your concerns can make the process less overwhelming.

Questions to Ask Potential Lawyers

Before choosing your lawyer, consider asking these questions to help evaluate their suitability for your case:

  • What experience do you have with annulments in Nevada?
  • What are your fees, and what services do they include?
  • How long will my annulment take?
  • Do you foresee any challenges with my case?
  • How often will we communicate, and how will I be updated on my case status?

Selecting the right lawyer can make the annulment process smoother, less stressful, and more successful. Don’t hesitate to consult multiple attorneys to find the one that best fits your needs and comfort level.

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Breaking It Down

Annulments in Las Vegas are a unique legal process that can erase the marriage as if it never existed. Understanding the grounds, costs, and legal implications is crucial when considering this option. Annulments aren’t just about ending a marriage—they’re about addressing why the marriage shouldn’t have happened in the first place.

Summary of Key Points About Annulment in Las Vegas

  • Annulments vs. Divorce: Annulments declare a marriage void, unlike divorce, which ends a valid marriage.
  • Grounds Required: Grounds such as fraud, lack of consent, or bigamy must be proven for an annulment to be granted.
  • Costs and Legal Help: While annulments can be more straightforward than divorces, legal representation, and understanding costs can make a big difference.
  • Emotional and Legal Support: Utilize available resources, from legal aid to emotional support groups, to help you through the process.

Final Considerations: Making the Right Choice for Your Situation

Whether you’re driven by legal, personal, or religious reasons, choosing between an annulment and divorce is a significant decision. It’s essential to weigh the pros and cons and consider the impact on your life moving forward. Consulting with a legal professional can clarify your options and guide you through whichever path you choose.

Encouragement to Seek Professional Legal Advice

Annulment is more than just paperwork—it’s a declaration that a marriage was never valid. Professional legal advice can be invaluable if you need guidance on grounds, help navigating the process, or just someone to talk through your options. Don’t hesitate to contact a lawyer who understands Nevada annulment laws and can help you make the best decision for your future.

This guide aims to provide a comprehensive understanding of annulments in Las Vegas. Remember, every situation is unique, and the correct information and support can make all the difference. If you have further questions or need assistance, reach out to the resources mentioned and confidently take the next step.

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More Frequently Asked Questions

What’s the difference between a legal annulment and a religious annulment?

The court grants a legal annulment and nullifies the marriage under Nevada law. A religious annulment, on the other hand, is issued by a religious institution and does not affect the legal status of the marriage. Each process is separate; obtaining one does not automatically grant the other.

Can I get an annulment if my spouse disagrees?

Yes, you can still seek an annulment even if your spouse disagrees. However, if your spouse contests the annulment, you must provide solid evidence to prove your grounds in court. This may make the process longer and more complex.

Will an annulment affect my immigration status?

If your immigration status was dependent on your marriage, an annulment could impact it significantly because an annulment treats the marriage as if it never happened. It’s essential to consult with an immigration attorney if you have concerns about your status being affected.

Can I file for an annulment in Las Vegas if I get married in another state?

Yes, you can file for an annulment in Las Vegas even if you were married in another state, as long as at least one spouse meets the residency requirements for Nevada. You’ll need to demonstrate that Nevada has jurisdiction over your annulment case.

Is there a time limit for filing an annulment in Nevada?

There is no specific time limit for filing an annulment in Nevada, but the longer you wait, the harder it may be to prove the necessary grounds. Courts may scrutinize why you delayed and require a strong justification for the annulment request if a significant amount of time has passed.

Do I need to attend court for my annulment case?

In most cases, you must attend a court hearing for your annulment. However, if the annulment is uncontested and all paperwork is in order, some judges may waive the need for a personal appearance. Your attorney can provide guidance on whether this is an option for you.

Can property acquired during the marriage be divided during an annulment?

Generally, because annulments declare the marriage void, there’s no legal obligation to divide property in the same way as a divorce. However, in some cases, courts may make equitable decisions regarding jointly owned assets, mainly if fairness demands it.

Will I be able to remarry immediately after an annulment?

Once your annulment is finalized, you are legally considered never to have been married, so you are free to remarry immediately. However, waiting until you receive official court documentation confirming the annulment is always advisable before proceeding with a new marriage.

What if my annulment is denied?

If your annulment is denied, you still have the option to file for a divorce to end your marriage legally. A denial usually occurs when the court finds insufficient grounds for annulment, but divorce remains a viable alternative to resolve marital issues.

Can I get my marriage annulled if I was under the influence of drugs or alcohol at the time of the wedding?

Yes, being under the influence of drugs or alcohol, which impaired your ability to consent, can be grounds for an annulment. However, you must provide evidence demonstrating that you were incapacitated and unable to make a clear decision at the time of the marriage.

What are the privacy considerations in an annulment case?

Annulment cases are typically public records like most court cases. However, sensitive information can sometimes be sealed or kept private at the judge’s discretion, mainly if privacy concerns are presented. Consult your attorney if you have concerns about confidentiality.

Is it possible to annul a common-law marriage in Nevada?

Nevada does not recognize common-law marriages formed within the state but will recognize common-law marriages legally established in other states. If seeking an annulment of a common-law marriage recognized from another state, you would need to meet the same annulment grounds as for a regular marriage.

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Glossary

Annulment: A legal process that declares a marriage null and void, treating it as if it never happened. Unlike divorce, an annulment erases the marital status from a legal perspective.

Bigamy: The act of marrying someone while already being legally married to another person. Bigamy is grounds for an annulment because the second marriage is considered invalid.

Consent: Agreement or permission given willingly and knowingly. In annulment cases, lack of consent due to mental incapacity, intoxication, or coercion can be grounds for nullifying a marriage.

Contested Annulment: An annulment in which one spouse disagrees with the grounds or the process, leading to disputes in court. This often involves additional hearings and the need for more evidence.

Custody: The legal right or duty to care for a child. In the context of annulment, custody arrangements are determined separately from the annulment itself and focus on the child’s best interests.

Equitable Decisions: Court rulings that aim for fairness, particularly in dividing assets or debts. In annulments, equitable decisions can apply when there’s a need to resolve joint property issues fairly.

Fraud: Intentional deception that influences another party’s decisions. In annulment cases, fraud might involve lying about significant matters like identity, marital status, or financial situation.

Grounds for Annulment: The specific legal reasons that justify an annulment. Common grounds include fraud, lack of consent, bigamy, consanguinity (marriage between close relatives), and underage marriage.

Jurisdiction: The legal authority of a court to hear a case. For annulments, the Nevada court must have jurisdiction, often determined by the residency requirements of the parties involved.

Legal Aid: Services that provide free or low-cost legal assistance to those who cannot afford a private attorney. Legal aid organizations can help guide individuals through the annulment process.

Mental Incapacity: A condition where a person is unable to understand the nature of their actions due to mental illness, disability, or intoxication. This can be grounds for annulment if it affects consent to the marriage.

No-Fault Divorce: A divorce that does not require proving wrongdoing by either spouse. Unlike annulments, no-fault divorces can be granted on grounds like incompatibility or irreconcilable differences.

Process Server: A person authorized to deliver legal documents, such as annulment petitions, to the other party. Proper service of documents is necessary for the annulment process to proceed.

Religious Annulment: An annulment granted by a religious institution rather than a court does not affect the legal status of the marriage but may be important for personal or religious reasons.

Residency Requirement: A legal stipulation that one or both spouses must live in Nevada for a certain period before filing for annulment. This requirement helps establish the court’s jurisdiction over the case.

Self-Representation: Handling your annulment case without a lawyer. While it can save costs, self-representation requires you to independently manage all legal paperwork, court appearances, and evidence presentation.

Spousal Support (Alimony): Payments made from one spouse to another following the end of a marriage. In annulments, spousal support is usually not granted since the marriage is treated as though it never existed.

Uncontested Annulment: An annulment in which both spouses agree on the grounds and terms, typically resulting in a faster and simpler process.

Void Marriage: A marriage that is considered legally invalid from the start due to reasons like bigamy or consanguinity. Void marriages can be annulled without court proceedings in some cases.

Voidable Marriage: A marriage that is valid until annulled by a court. This can occur when grounds like fraud or lack of consent are proven, allowing the court to declare the marriage void.

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More Resources for You

Our lead attorney, Molly Rosenblum, Esq., not only provides top-notch legal representation but has also crafted a wide range of valuable resources to assist you during critical moments. These resources, accessible through the Rosenblum Law website, are specifically designed to address various aspects of family law in Nevada, offering guidance and information to help you navigate through complex legal processes. Here’s how you can benefit from these resources:

  1. Las Vegas Family Law Attorneys: Gain insights into family law matters and discover how our skilled attorneys can assist you in navigating the complexities of family law in Las Vegas. Explore the resource.

  2. Family Court Las Vegas: Understand the intricacies of the family court system in Las Vegas and find essential information to prepare for your court proceedings. Learn more.

  3. Common Law Marriage in Nevada: Get clarity on the status and legal standing of common law marriage in Nevada, a topic often surrounded by misconceptions. Read about it here.

  4. Name Change Las Vegas: Navigate the legal process of changing your name in Las Vegas with this detailed guide. Start your name change process.

  5. Nevada Power of Attorney: Learn how to grant someone the legal authority to make decisions on your behalf with a Nevada 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, an essential process in many family law cases. Learn how to file a motion.

  7. Family Court Mediation: Discover how mediation can be a constructive and less confrontational alternative to traditional court proceedings in family law cases. Explore mediation options.

  8. Unbundled Attorney: Understand the benefits and processes involved in hiring an unbundled attorney for legal services tailored to your specific needs. Find out more about unbundled legal services.

  9. Nevada Adoption: Navigate the adoption process in Nevada with this informative guide, providing you with the knowledge to start your journey toward expanding your family. Begin your adoption journey.

Molly Rosenblum, Esq. is committed to providing you with the resources and guidance needed to make informed decisions during challenging times. We encourage you to utilize these resources as you navigate through your family law matters.

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Offsite Resources You May Find Helpful

Here are some resources that can provide more information and support for those seeking an annulment in Las Vegas, Nevada:

  1. Clark County Courts: The official website of the Clark County Courts, where Las Vegas is located, provides information about family law matters, including how to file for an annulment.

  2. Legal Aid Center of Southern Nevada: This organization provides free legal education and assistance to residents of Southern Nevada, including help with annulments.

  3. Nevada Revised Statutes (NRS): This site includes the full text of the state laws, where you can find the legal grounds for an annulment in Nevada.

  4. Avvo – Las Vegas Annulment Lawyers: Avvo provides a directory of annulment lawyers in Las Vegas, along with user ratings and reviews.

  5. Justia – Las Vegas Annulment Lawyers: Justia also provides a directory of family law attorneys who handle annulments in Las Vegas, along with their profiles containing information about their education, awards, and professional associations.

  6. FindLaw – Las Vegas Family Law: FindLaw provides a comprehensive directory of family law lawyers who handle annulments in Las Vegas, with detailed profiles and contact information.

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A Special Message from Our Lead Attorney

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Molly Rosenblum, Esq

Dear Reader,

I want to express my heartfelt thanks for taking the time to read the resources on annulment that we’ve made available.

Understanding your options is the first step toward making informed decisions about your future.

I, Molly Rosenblum, Esq, and my dedicated team at The Rosenblum Allen Law Firm understand the profound impact family law matters can have on individuals and families.

We are committed to providing guidance and legal representation to navigate these often challenging situations.

While every situation is unique, our mission remains to advocate for our clients’ best interests and work diligently to achieve the best possible outcomes.

If you are considering an annulment or are in the midst of one and need professional legal assistance, please do not hesitate to reach out. Call us at (702) 433-2889 to discuss how we can help. We are ready to stand by your side and guide you through this process with understanding, compassion, and high-level legal expertise.

Thank you once again for your time and trust. We look forward to the opportunity to assist you.

Best regards,

Molly Rosenblum, Esq

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