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