Uncontested Annulment
An annulment declares a marriage legally void. It is different from a divorce and can affect parties' rights. An uncontested annulment is the quickest way for parties to annul their marriage. In Nevada, it is possible to have an uncontested annulment either by agreement between the parties or default. A person can only request an annulment for specific reasons.
Annulments can be difficult and stressful for all parties involved. An annulment can have both emotional and financial consequences. An experienced lawyer can help you navigate the Nevada annulment process. Contact Anthem Divorce Lawyers today for a consultation.
Filing for an Uncontested Annulment in Nevada
An uncontested annulment can be an efficient way to have a marriage annulled. An annulment is uncontested if either:
- The parties are in full agreement regarding the annulment.
- One party does not respond to the annulment and the court enters a default.
What is the Annulment Process?
The exact process for an annulment depends on the unique circumstances of the parties. Below are general steps that parties must take to initiate the annulment process.
- A party must have grounds for an annulment.
- A party must file the annulment papers in the proper state.
- The party that filed for the annulment must serve the other party with annulment papers.
What is a Voidable Marriage?
Under Nevada law, a voidable marriage is a marriage that parties can annul. The grounds for an annulment are 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
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 their 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.
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:
- After such insane person was restored to a sound mind, the parties freely cohabited together as a married couple.
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 ground for an annulment if the parties “voluntarily cohabit as a married couple having received knowledge of such fraud."
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." Obtaining an annulment for a cause which is grounds for declaring a contract void in equity relies on 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 have annulment experience. Contact us today for a consultation.
Is Nevada Residency Required for a Nevada Annulment?
Unlike a divorce, a person may not need Nevada residency to request a Nevada annulment. Under NRS 125.360, a person may obtain an annulment in Nevada if their marriages was either:
- Contracted in Nevada
- Performed in Nevada
- Entered into within Nevada
The person will still have to have a valid reason for requesting the annulment such as:
- 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.
Nevada Uncontested Annulment
An uncontested annulment can occur if either:
- Both parties agree to the grounds for the annulment and provide affidavits supporting their position.
- One party serves their spouse with annulment papers, the spouse does not respond, and the court orders an annulment.
Default
If one party files for an annulment and serves their spouse, their spouse has 21 days to respond. If the spouse does not respond within 21 days of service, the filing party can request the court issue a default against their spouse. If the court enters a default against the spouse, the filing party can immediately request an annulment. The filing party may still have to file additional documents and appear before the judge.
What About Children?
An annulment does not make a child illegitimate. Per NRS 125.410, “the issue of all marriages deemed null in law shall be legitimate." If parties have minor children, the parties still have to resolve:
- Child custody
- Visitation
- Child support
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. Parents can agree to their own child custody/visitation arrangement.
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.
For an minor children, parties will need to identify how they will pay for the following:
- Child care
- Medical coverage/insurance
- Unreimbursed medical expenses
Child custody and support issues can be complex. If you have questions about child custody or support, contact an experienced lawyer. Anthem Divorce Lawyers have over 25 years of experience. Contact us today for a consultation.
What About Property?
An annulment declares a marriage void, as if it had never happened. If parties are never married, then community property rights generally do not apply. Community property rights can apply under limited circumstances, such as when the court applies the putative spouse doctrine.
What About Alimony?
Alimony is the court ordered support for a spouse. Nevada law does not allow for alimony in an annulled marriage.
An annulment is a serious legal process that can affect your legal rights. If you have questions about an annulment, contact an experienced lawyer.
Experienced Las Vegas Lawyers
Annulments are complex legal proceedings with lasting consequences. A voidable marriage may be difficult to prove. An experienced 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.