Nevada Info

Nevada Divorce Start Your Divorce Find Professionals Nevada Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Nevada Products Divorce by County

Nevada Articles

Divorce/General Parenting SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Nevada Divorce Support Nevada Divorce Online

Nevada Annulments
Annulments in Nevada

An annulment is a court order that treats a marriage as if it never occurred. Annulments are based on the rationale that the annulled marriage contained a flaw that should have prevented it from happening in the first place. In Nevada, these defects can be due to failing to meet the legal requirements for marriage or enticing someone to enter into the relationship under false pretenses. An annulment differs from a divorce, which dissolves a valid marriage.

Nevada strictly limits annulments. Some marriages, for example, one where one of the parties is married, are considered void; they are never valid even if no annulment is sought. Other marriages, such as when one party is under age, are considered voidable; they are considered valid until annulled.

General provisions for annulments of marriages in Nevada are located in NRS 125.290-350.

Grounds

Generally, an annulment of marriage in Nevada may occur in the following situations:

  • Incest - Consanguinity between the partners. People may not marry close relatives, including first cousins.
  • Bigamy - Either party has another living spouse. A party is not allowed to marry another party if he or she is already married.
  • Under age - Either party was under the age of 18 and legal guardians didn’t give consent, but the annulment of marriage in Nevada must be finalized in one year. A person over 16 but under 18 must have the consent of a parent or guardian, and a person under the age of 16 must have both parental consent and the consent of the court. However, an annulment will only be granted if launched within one year after the child reaches 18. Moreover, if a parent brings the action, the annulment will be denied if the couple voluntarily lived together as husband and wife for any period after the age of majority.
  • Same-sex - Even if the marriage was performed in another state, same-sex marriage may be annulled.
  • Incapacitation - Either party was incapacitated at the time of the marriage and wants an annulment; however, annulments of marriages in Nevada may not stand if two parties cohabited and the incapacitated party willingly cohabited.
  • Fraud - The marriage is void from the time of nullity if consent was obtained through fraud; however, if the victim spouse continues living with the other spouse after the truth is known, no annulment is granted. For that reason, annulment should be pursued immediately after discovering the fraud. To prove fraud, the petitioner demonstrates that the respondent induced him or her to marry based on a specific representation and never would not have married had he or she known the truth, for example, fraudulent professions of love by someone in search of a green card might be grounds for an annulment.

There is typically no time limit for bringing the action except for annulments based on age of consent, which must be brought within one year after the minor child reaches 18.

Procedure

To get an annulment, the plaintiff files a complaint for an annulment and several forms in the district court of the county of his or her residence. The forms depend on the grounds for the annulment. In the complaint, the plaintiff provides provide basic information about the parties, their marriage, their children, and the reason for the annulment. The paperwork is filed with the clerk of the court and appropriate fees are paid. After filing, a person other than the petitioner usually delivers the annulment to the defendant. The paperwork can also be mailed. The judge holds a hearing to determine whether an annulment is proper. The parties testify under oath and present other evidence to help the court make a determination.

Start Nevada Divorce Start Your Nevada Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Nevada Divorce Find Nevada Divorce Professionals in Your Area:
Join the Network
Nevada Divorce Products, Services and Solutions Nevada Divorce Products, Services and Solutions
Nevada Divorce Resources to Help You Through the Process.
Online Parenting Class Nevada Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Nevada Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Nevada Divorce

 

Settle Your Divorce Negotiate Your Nevada Divorce

 

Support Forum Nevada Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - How to Stop Your Divorce (Even When You Think its Too Late)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"