What are the Grounds for Annulment in Nevada?
Annulment is very different from divorce. Divorce acknowledges that your marriage existed and was valid. Annulment ends the marriage and treats it as though it never occurred. Many people pursue annulment as an alternative to divorce because they believe there is a stigma attached to divorce or because they have religious beliefs that dictate an annulment is preferred. A legal annulment granted by the state is different from the annulment that may be granted by a religious institution, but some people still prefer this method of legally ending a marriage.
Although you may want to end your marriage through annulment, you may not be able to do so. While anyone can get a divorce based on no fault grounds, there are only limited situations where an annulment will be granted. A Las Vegas divorce lawyer at Pintar Albiston LLP can help you to understand the grounds for having a marriage annulled in Nevada and can assist you in the process of pursuing an annulment if you quality. Our attorneys can also help if you need to go through the process of divorce.
Grounds for Annulment in Nevada
There are limited grounds for annulment in Nevada. You may have a marriage annulled if:
- Either you or your spouse was already married to someone else (and not divorced) at the time when you wed. Your marriage is considered invalid if this occurred, since bigamy is not legal in the United States.
- You and your spouse were close relatives, like siblings. Marriages between close relatives are also considered invalid.
- Either spouse entered into the marriage under false pretenses or because of fraud or coercion.
- One or both spouses was not mentally competent and/or not able to understand the decision to marry.
- One or both spouses was underage and/or did not receive required parental consent to the marriage.
If you qualify under these limited grounds for annulment in Nevada, you will need to file a complaint for annulment in order to move forward with having your marriage declared null and void. In order to be eligible to file this complaint in Nevada, you must have been married in the state or either you or your spouse must have lived in Nevada for at least six weeks prior to filing. You will need to provide basic information about you and your spouse, such as your name, the length of the marriage, and whether any children were born to you as a couple. You will also need to provide the grounds for the annulment in your compliant.
Your spouse will be personally served the complaint and papers. Your spouse can answer or file a counterclaim and, if this occurs, a case management conference will be scheduled. The case will move forward and a hearing can be held to determine if annulment is appropriate. If your spouse does not answer, you can ask for a default judgment and Decree of Annulment.