You have recently been married and congratulations are in order. But what if you are having second thoughts about your partner and you can no longer see yourself growing old with them on your porch, sipping iced teas together? If you have decided that married life is not for you, an annulment may be the best course of action, depending on the actual reason for which you’re seeking an annulment.
What is an Annulment?
An annulment is a legal status that denotes that your marriage never took place. Legally, it’s as if you have never been married.
On what grounds can I get an Annulment?
There are several grounds on which you can file an annulment in Nevada:
i) If either party is still legally married
As bigamy is illegal, if you or your partner are still currently married to other people and a divorce did not occur, the new marriage is void, and it is a cause for annulment.
ii) On the basis of fraud
If consent from either party was obtained by fraudulent means and the fraud has been proved and established, the marriage is void from the time it is declared so by the Court. However, if the parties have been living with one another for a certain period of time and both parties have known about the fraud, the marriage cannot be annulled.
Some common examples of fraud include:
• Dishonesty about a previous criminal history
• Dishonesty on the grounds for wanting to get married (ie: in order to legally remain in the US if one party faces visa or immigration issues)
• Dishonesty about finances, mental illness, drug/alcohol abuse
• Dishonesty about previous children or family ties
iii) Lack of understanding or insanity by either party
If either party could not consent to the marriage at the time it took place due to incapacity, mental illness, or insanity, the marriage may be annulled. A marriage is a union that both parties must willfully consent to, and if there is any question that one or both of the parties could not have consented, it could be grounds for an annulment.
The above examples are only a few of the reasons in which someone would be able to file for an annulment. Sections NRS 125.320 to 125.350 of the Nevada Code provides a full list on the valid reasons for an annulment.
Filing for an Annulment
Once you believe you have valid grounds for an annulment, the next step is to file the annulment in a Nevada court.
In order to file an annulment, you would need to fill out the following forms (found at a Nevada Court Registry):
i) Family Court Cover Sheet
iii) Complaint for Annulment
iv) Joint Preliminary Injunction
It is important that you provide the correct information in your filing, using the correct grounds for annulment. Filing incorrectly could see your submission dismissed, which is why it is a good idea to contact a family law attorney well-versed in the area of divorce and annulments. The attorneys at Pintar Albiston are here to help.
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