There are two ways couples can end a marriage in Nevada: (1) by divorce or (2) by annulment. Divorce terminates a valid marriage as of the date the divorce becomes final. Annulment, on the other hand, voids the marriage completely. It makes it as if the marriage never existed.
There are limited grounds on which a couple can obtain an annulment in Nevada. The two main ones are by showing:
- The marriage was not legal to begin with (a "void" marriage), or
- One of the spouses did not give meaningful consent (a "voidable" marriage).
To help you better understand how to get an annulment in Nevada, our Las Vegas family law attorneys discuss, below:
- 1. What is the difference between a divorce and an annulment in Nevada?
- 2. When can a marriage be annulled in Las Vegas?
- 2.1. What marriages are automatically "void" in Nevada?
- 2.2. What marriages are "voidable" in Nevada?
- 3. How do I get my marriage annulled in Nevada?
- 4. Can I get my marriage annulled in Nevada if I live or was married out-of-state?
- 5. Do I need an attorney for a Nevada annulment?
Nevada's law on annulment is set forth beginning at Section 125.290 of the Nevada Revised Statutes.
Both divorce and annulment legally terminate a Nevada marriage. However, the two concepts are distinct.
An annulment retroactively invalidates a marriage from the beginning. Legally, it is as if the marriage never existed.
A divorce, on the other hand, terminates a valid marriage beginning on the date the court grants a decree of divorce. The marriage itself remains valid from the date of the marriage through the date of the divorce.
For a marriage to be annulled in Las Vegas, it must be void or voidable for a reason specified by Nevada law.
"Void" marriages are those which were never valid in the first place. They do not require a legal proceeding to be dissolved.
Other marriages can be annulled by the court at a spouse's request. These are called “voidable” marriages.
In Nevada, some marriages are automatically void. No divorce, annulment, or other legal proceeding is needed.
A marriage is automatically void in Nevada if:
- The spouses are related by blood; or
- Either spouse is married to another person during the marriage.1
Other marriages require a court to void them. These are called “voidable” marriages.2
In Nevada, there are four grounds for a court to void a marriage. They are:
- One of the parties was under 18 and parental consent was not obtained at the time of marriage;3
- There was a “want of understanding” between the couple. This means that one of the spouses could not have consented due to:
- Mental disability, or
- A similar mental state;4
- A spouse's consent to the marriage was obtained by fraud.5 This can happen when someone misrepresents or hides important facts about themselves; or
- Any other reasons for voiding a contract exist.6 Such reasons can include duress, mistake, or undue influence.
To get a voidable marriage annulled, a party must file a petition with a Nevada District Court.7
Or a spouse can ask for an annulment in a divorce complaint.8 If the court grants the annulment, no divorce will be necessary. Otherwise, the court will move forward with divorce proceedings instead.
Anyone that was married in Nevada can seek an annulment in a Nevada court.9
Otherwise, one of the spouses must have lived in Nevada for at least 6 weeks before filing the annulment request. NRS 125.370.
It is possible for a spouse to file for an annulment on his or her own. However, annulling a marriage seriously affects a spouse's rights, including:
- Nevada community property rights,
- The right to spousal support in Nevada, and
- The rights of any children born during the marriage.
An experienced Las Vegas divorce lawyer in your practice area can help. We can help you determine whether annulment is your best choice. A lawyer can also make sure your rights are protected.
Considering an annulment in Las Vegas? Call us for help…
Annulling a marriage may or may not be your best option.
If you are thinking about annulling your marriage we invite you to call us for a free consultation.
Our Las Vegas divorce lawyers will help you make the right decision. We'll protect your legal rights.
To speak to one of our lawyers call us at 702-DEFENSE (702-333-3673) for a FREE consultation. Or, for an even faster response, complete the form on this page.
Your rights are important to us. Contact us today to discuss your case.
- NRS 125.290.
- NRS 125.300.
- NRS 125.320.
- NRS 125.330.
- NRS 125.340.
- NRS 125.350.
- NRS 125.360.
- NRS 125.380.
- NRS 125.360.