Who can get an annulment in Las Vegas?
There are two types of people who qualify for an annulment in Las Vegas.
The first type of people who qualify for a Las Vegas annulment are people who came to Vegas and got married but don't live in Vegas.
For example, let's say you came to Vegas, went a to a club, got crazy drunk, your friends convince you to get married at a drive through wedding chapel, as a joke you got married, went to bed, woke up the next day with a screaming hangover, and go home to the mid-West. Days later, you realized that the marriage is not a joke and now you want an annulment...you're in luck! This is the exact type of situation that can qualify you for a Las Vegas annulment even if you don't live in Las Vegas.
The second category of people who can get an annulment in Las Vegas are people who married somewhere else but live in Clark County, Nevada.
For example, you have lived in Henderson, Nevada for 10 years. You and your fiance plan a luxurious and expensive wedding in San Diego, California. You get married in San Diego, California and when your return to Henderson, Nevada you live for five years with your spouse. After five years of marriage things aren't working out. You discover that your spouse never actually got divorced from their first marriage. You're in luck! This qualifies you for an annulment in Las Vegas, Nevada.
For more information about the reasons for getting a Las Vegas annulment, keep reading.
What are the reasons I can get an annulment in Nevada?
There are two types of marriages that can be annulled in Nevada. Void marriages and voidable marriages.
Sounds complicated right?
. . . Well let's break it down!
A void marriage is a marriage that cannot exist by law. These types of marriages are pretty clear cut and easy to identify.
For example, if you married your brother or sister, Game of Thrones style, this would be a void marriage. In Nevada, a marriage to a blood relative is a void marriage and an annulment will always be granted.
Another example . . .you were married years before and thought your divorce was finalized. You then met the love of your life and married in 2019 only to discover that your prior divorce was never completed. Your second marriage is a void marriage and will be annulled. In Nevada, a marriage where one spouse is already married to another is void and an annulment will always be granted.
So again, void marriages are pretty clear cut.
Usually, it is the voidable marriages that give people heartburn.
A voidable marriage is one where the marriage is valid until it is annulled. This means that it will be up to your family court judge to decide whether or not to annul your marriage.
Deciding whether or not a marriage is voidable usually depends on the facts of each case.
In Nevada, a marriage can be, but might not be, annulled for the following reasons:
Lack of consent of parent or guardian for a minor less than 18 years old
Want of understanding
Grounds for declaring a contract void in equity
Again, this probably sounds super complicated, so let's explain it a little more.
A "want of understanding" can come from being too intoxicated to understand that the marriage was happening or from a mental defect or disability that made one spouse not completely understand the marriage.
A fraud marriage might include such matters as one party not wanting to live with the other or only marrying for immigration purposes.
Grounds for declaring a contract void in equity is a little more complicated. However, we recently completed an annulment for a client who married in Las Vegas but lived in another state. After the marriage, her husband never moved in with her and alleged that he was too anxious and depressed to go through with the marriage. After months of counseling and trying to get him to have a normal married relationship with her, she filed for an annulment. The judge granted the annulment on the grounds that the marriage was void in equity as the husband never performed any of his matrimonial duties and the husband was simply not capable of being married.
Keep in mind that with voidable marriages where intoxication, fraud or insanity are alleged, if the parties continue to live together as husband and wife chances are the Court will not grant an annulment.