What Are Marriage Annulments?
A marriage annulment is a way to legally cancel a marriage. A court granted marriage annulment voids the marriage. It’s as if the marriage never occurred and the parties where never legally married. Our lawyers understand all aspects of marriage annulments. Unlike divorce, a marriage annulment does not have to be based on residency. Instead it’s according to the marriage license and possibly the ceremony location.
You also need grounds for annulment whereas Nevada is a no fault state for divorce. Grounds mean that you can prove one or more valid reasons for the marriage annulment. No Fault means that the only reason you need for a divorce is that one spouse wants it. Grounds are not necessary.
What are Grounds for Annulment?
Numerous legal reasons annul a marriage. Our divorce attorneys can tell you whether or not you have grounds to annul your marriage. Or whether divorce is a better option for your circumstances. In general, the following reasons can annul a marriage. These are only examples and not a complete list of every circumstance that annuls a marriage.
- Incapacity or Intoxication – This is one of the most popular grounds for marriage annulment. Many Las Vegas visitors enjoy the party atmosphere and end up marrying while one or both were under the influence of alcohol or drugs.
- Fraud or Misrepresentation – As long as the spouses did not live together once discovering the fraud or misrepresentation. For example, if one person marries solely for United States citizenship status.
- Marriage by Force, Under Threat, or Duress – If one party coerces the other into marriage.
Mental Illnesses or Insanity – Marry a mentally incompetent person can void the marriage. - Existing Pregnancies from Other Partners – If the new husband is unaware that his wife was already pregnant by another man.
- Pregnancy Falsely Claimed- If the wife claims to be pregnant but in reality was not.
- Bigamy- One of the spouses was still legally married to someone else.
What are Marriage Annulment Types?
There are three types of marriage annulments in Nevada: Contested Annulment, Uncontested Annulment, or By Publication Annulment. Each type has its own set of circumstances and legal proceedings.
- Contested Annulment – One party must go to court and prove grounds to a family court judge.
- Uncontested Annulment – When both parties agree to annul the marriage. It is important to understand that one party must admit that the grounds to annul the marriage are true.
- By Publication Annulment – An annulment by publication is an option if one spouse cannot locate the other. There are numerous steps to take in locating your spouse before a judge will grant an annulment by publication.
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