When Can You Get an Annulment Instead of a Divorce in Nevada?

Nevada law includes two statutory procedures for ending a marriage in the state:  divorce and annulment. Divorce is the more commonly used process, but annulment is more appropriate in certain circumstances. While it is essential to talk with an experienced family law attorney to determine which procedure is more suitable in a particular situation, this discussion provides a summary of the Nevada annulment laws.

Legal Effect of Annulment and Divorce

Divorce is a process for ending a valid marriage. In contrast, annulment is a court declaration that a marriage was invalid from the beginning, which effectively means that the marriage never existed.

Nevada statutes provide very specific reasons for a court to grant an annulment. The person requesting the annulment must present evidence establishing the statutory basis. In contrast, under the applicable law, a divorce may be granted simply based on incompatibility or one year of separation. (Insanity, with certain proof, may also be grounds for a Nevada divorce.)

Nevada Grounds for Annulment

Some marriages are void under NRS 125.290 because they are prohibited by law. In these cases, an annulment decree is not necessary, but an individual may wish to obtain a court order to have legal proof that the marriage is void. These situations include a marriage between closely related persons and a bigamous marriage (in which one spouse was already married to another person).

Other marriages are considered voidable under NRS 125.300, which means the marriage may be annulled by a court, but the marriage may be valid in some situations, due to action or inaction by the parties. Voidable marriages that are subject to annulment include:

• Where there is proof that consent of a party was obtained by fraud, and the parties did not cohabit as a married couple after the fraud was known.
• When required consent of a parent or of a guardian and the district court for a person under the age of 18 was not obtained prior to the marriage. The action for annulment must be initiated within one year of the minor reaching age 18, and is not available if the underage person cohabits with the other party after reaching the age of 18.
• If either party was incapable of assenting to the marriage. This ground is referred to as want or lack of understanding.
• Application by the court of equity principles for voiding a contract, such as undue influence, mistake, or duress.

Whichever basis for an annulment is asserted in court, the petitioning party has the burden of demonstrating the basis through factual evidence. For this reason and  others, assistance from a knowledgeable family law attorney is important in pursuing an annulment in court.

Other Important Facts About Annulment

If a marriage occurred in Nevada, either party may ask for an annulment in a state district court. Residency is not necessary. However, if the marriage occurred out-of-state, one of the spouses must reside in Nevada for at least six (6) weeks before the petition is filed.

An individual may ask for an annulment and divorce in one court petition. If the court grants the annulment, the judge will take no action on the divorce request.

In an annulment proceeding, the judge may determine child support and custody and allocate property and debt according to principles of equity. However, Nevada community property laws do not apply, and spouses who get an annulment typically do not receive alimony (spousal support), since an annulled marriage is legally invalid.

Children born or conceived during a marriage are considered legitimate under Nevada law regardless of whether the marriage is annulled. The annulment does not affect the children’s legal status. Custody and support responsibilities of the parents are essentially the same, whether a marriage ends in divorce or annulment.

The annulment process is similar to a Nevada divorce proceeding. Representation by an experienced family law attorney is the best way to protect your rights throughout the process and ensure that legal requirements for obtaining an annulment are met.

Do You Need a Lawyer For a Nevada Annulment?

While technically it may be possible to file an annulment request without assistance from legal counsel, that approach can create significant problems and loss of important rights. Proving the grounds for annulment is challenging in any circumstances.

Having knowledgeable legal counsel represent you in the proceeding gives you a substantial advantage. In addition, representation by an attorney is essential to protect your rights concerning property and child custody and support, which the court may also determine in an annulment proceeding.

Free Consultation with an Experienced Las Vegas Annulment Attorney

If you wish to explore asking a Nevada court for an annulment or divorce, Las Vegas family law attorney Joseph Gersten is here to help. Attorney Gersten draws on his extensive experience in domestic matters and litigation to protect his clients’ interests and pursue efficient, cost-effective resolution of family law issues.

At The Gersten Law Firm, we work with clients in Las Vegas, Henderson, and elsewhere in Clark County. Your initial consultation is always free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.