Annulment

Nevada Revised Statutes 125.290 to 125.440 addresses annulment. An annulment establishes that marital status never existed. Depending upon the circumstances surrounding a marriage, it may be annulled by the Nevada Courts.

A marriage may be annulled for the following reasons: Lack of Consent of Parent or Guardian (for a minor); Want of Understanding (i.e., gross intoxication, insanity, or mental disability, etc.); 3) Fraud (concealment of an issue central to the concept of marriage, i.e., inability or secret intent not to cohabit, have children, or have sexual relations); and Grounds for Declaring Contract Void in Equity (mutual mistake, undue influence, duress, negligent misrepresentation, etc.).

If the marriage to be annulled was performed in Nevada, there is no requirement of residency. If the marriage to be annulled was performed in a state other than Nevada, then one of the parties to the marriage must be a Nevada resident for at least six (6) weeks before the Annulment action is filed.

What are grounds for an annulment in Nevada?

An annulment is different from divorce in that annulment makes the status of the marriage as if the marriage never actually existed. There are no legal obligations between the parties involved once the annulment is finalized. That being said, Annulment Law states that there are only a select few reasons that an annulment will be granted, according to Nevada Annulment Laws. Those Marriage Annulment Requirements are:

1. If the parties involved are minors, there was no consent given from a parent or guardian
2. Insanity or a serious mental disability that one or both parties did not fully understand the legal implications of marriage
3. Lies or fraud committed by one of the involved spouses that induced the other to enter into marriage
4. The spouses are too closely related by blood to be married legally
5. One of the spouses was already legally married to someone else at the time of the marriage

If you feel that you have grounds for an annulment, you should meet and consult with an experience Marriage Annulment Lawyer as soon as possible. If you live in or near Las Vegas, NV, The Cooley Law Firm will answer all your questions and guide you through the annulment process.

What is the annulment process in Nevada?

While the annulment process might be pretty straightforward, having an Annulment Lawyer next you along the way will minimize stress and make the process more efficient. A lawyer will assist you with the following:

1. File the proper documents in a Nevada District Court.
2. A third-party person will serve the other spouse with a copy of the summons and other documentation that might be necessary. This can be a process server or another disinterested party. The other spouse should be served within 120 days of the initial filing. Service affidavit is completed and filed with court.
3. If there is no response from the other spouse by the end of 21 days from being served, then the annulment can be granted without hearing from the other spouse. If there is a response, then there will be a hearing and additional documents to file with the court.
4. If the judge agrees to the annulment, they will sign the decree of annulment entered by the plaintiff. If the annulment is denied, the plaintiff can appeal or file for a divorce.

If you are considering an annulment, consult with an experienced Annulments Law Firm. The Annulment Lawyers at The Cooley Law Firm in Las Vegas, NV are experts in both divorce and annulment laws. They can assist you in either process, depending on your individual situation. If you live in or near Las Vegas, NV, call (702) 265-4505 for a consultation today.