Annulment
Annulment and divorce are not the same. A divorce is a legal order ending a marriage. In contrast, a Nevada annulment declares a marriage legally void. A void marriage is one that was invalid because law prohibited it. A voidable marriage is a marriage that a court can annul under Nevada law. A person can request an annulment for specific reasons. We will discuss those reasons in greater detail below.
Annulments can be difficult and stressful for all parties involved. An annulment can have both emotional and financial consequences. An experienced family law attorney can help you navigate the Nevada annulment process. Contact Anthem Divorce Lawyers today for a consultation.
What is a Void Marriage?
A legally prohibited marriage is void without an annulment. Under Nevada Revised Statute (NRS) 125.290 a marriage is void if the law prohibits it because of either:
- Consanguinity between the parties (consanguinity means the spouses are close blood relatives)
- Either of the parties having a former spouse then living
A marriage void under NRS 125.290 shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160. Bigamy occurs when an individual has “two spouses at one time, knowing that the former spouse is still alive."
A void marriage does not require an annulment, decree of divorce, or other legal proceedings declaring it dissolved. However, parties to a void marriage may still want a legal document declaring their marriage null and void. They may request a declaration of nullity of a void marriage.
A void marriage may have its own distinct legal issues. If you have concerns about a potentially void marriage, contact an experienced family law lawyer. Anthem Divorce Lawyers have experience dealing with complex family law issues including void marriages. Contact us today for a consultation.
What is a Voidable Marriage?
A marriage that is not void may still be voidable. Under Nevada law, a voidable marriage is a marriage that can be annulled. The grounds for an annulment can be very fact specific. The person requesting the annulment will have to prove their claim.
A person may request that the court annul their marriage for the following reasons:
● Lack of consent of parent or guardian and district court
● Want of understanding
● Fraud
● Grounds for declaring contract void in equity
What is Lack of Consent?
In Nevada, a person under 18 can only get married with the proper consent. NRS 125.320 provides that a person may request an annulment if there is a “lack of consent of parent or guardian and district court."
The person who failed to obtain consent may request a court annul the marriage. He/she cannot request an annulment if he/she turns 18 and
● freely cohabits for any time with the other party to the marriage as a married couple.
Is There a Time Limit?
Yes, a person requesting an annulment for lack of consent must bring the proceeding within one year of turning 18.
Want of Understanding
A person may request the court declare their marriage void if they did not understand what they were doing when they married. They must prove they were incapable of agreeing to the marriage. A person who is intoxicated or insane may argue that they did not understand what they were doing.
A person may be insane at the time of their marriage and later regain their sound mind. The now sane person may not be able to void their marriage. Under NRS 125.330, the court cannot void the marriage if
● the parties freely cohabited together as a married couple after such insane person was restored to a sound mind.
Fraud
NRS 125.340 provides that a court can void a marriage if both of the following:
● The consent of either party was obtained by fraud
● Fraud has been proved
However, fraud cannot be grounds for an annulment if the parties “voluntarily cohabit as a married couple having received knowledge of such fraud."
A party may argue fraud if the other person lied to them to induce marriage. The lie must be serious. A serious lie may include a lie related to the marital relationship. Examples could include lying about ability or intent to have children or engage in marital relations. Other examples may include lying about religious affiliation or marrying for immigration purposes. The person may argue that but for the lie they would not have consented to marry.
Fraud can be difficult to prove. If you think your spouse fraudulently obtained your consent to marry, seek assistance from an experienced Nevada lawyer. Anthem Divorce Lawyers are skilled in handling complex Nevada annulments. Contact us today for a consultation.
Grounds for Declaring Contract Void in Equity
Under NRS 125.350
● A marriage may be annulled for any cause which is a ground for annulling or declaring void a contract in a court of equity
To get a marriage annulled because it is “void in equity” relies upon contract-like assertions. These claims can be complex. If you think you may have grounds for annulling your marriage, contact a Nevada lawyer with annulment experience. Anthem Divorce Lawyers are experienced family law lawyers.
What About Children?
Even if the court annuls a marriage, the children of the marriage are legitimate. Per NRS 125.410 the issue of all marriages deemed null are legitimate.
If parties obtain a marriage annulment but have minor children, the parties may still have custody and visitation issues.
Child Custody
In Nevada, the court determines child custody/visitation based on the “best interests of the child.” Legal custody refers to who makes major decisions about the child including healthcare, religion, and education. Physical custody is the amount of time the child spends with each parent.
Child Support
Nevada bases child support calculations on a percentage of a parent’s gross monthly income. In a child support matter, each parent will provide documentation regarding their income. The Nevada Child Support Guidelines Calculator is a free tool available to estimate child support obligations.
Do I Need to Live in Nevada for a Nevada Annulment?
A person may not need Nevada residency to request a Nevada annulment. Under NRS 125.360 a person may obtain an annulment if their marriage was either
● Contracted in Nevada
● Performed in Nevada
● Entered into within Nevada
The person will still have to have one of the following valid reasons for requesting the annulment:
● Lack of consent
● Want of understanding
● Fraud
● Contract void in equity
Marriage Outside Nevada
If the marriage is not contracted within Nevada, at least one of the parties will have to meet certain residency requirements. Per NRS 125.370, at least one of the parties shall have resided in Nevada for six weeks before filing the complaint.
Why File for an Annulment?
Dissolving a marriage through divorce or declaring a marriage void through annulment is a difficult decision. The laws are complicated and the consequences are lasting. An individual may pursue an annulment for a variety of reasons including:
● Not having to divide assets and debt
● Religious reasons
● Not having to pay spousal support (alimony)
● Protecting yourself from your spouse’s creditors
Experienced Las Vegas Lawyers
Annulments are complex legal proceedings with lasting consequences. Annulments involve showing that you have a voidable marriage, which may be difficult to prove. An experienced family law lawyer can help you navigate this difficult process. The team at Anthem Divorce Lawyers has the experience and knowledge necessary to handle your annulment. Contact us today for a consultation.