Grounds for Annulment in Nevada

In certain circumstances you may look to dissolve a marriage with an annulment instead of a divorce. To file for an annullment a marriage needs to be based on certain factors that can be argued in the Complaint for Annulment that is filed with the Las Vegas Divorce Court.  Annulment of a marriage is quite different from divorce and the grounds for annulment are different as well. An annulment dissolves the marriage and completely and erases the marriage as if it never existed to begin with. You must, however, prove that you relied on a certain fact that was misrepresented or concealed prior to your marriage.

Typically, to obtain a divorce in Las Vegas, it’s required that at least one spouse has been a resident of Nevada for at least six weeks. However, an annulment only requires that the marriage took place in Nevada. Either spouse can currently live in a different state. You may also be able to file for a Nevada annulment if you are in the military and Nevada is your military state of record.

The law in Nevada lists several grounds in which you would be eligible for annulment including:

• A marriage that is legally void
• One spouse lacked consent
• The marriage was based on dishonesty or a fraud

A Legally Void Marriage

A legally void marriage is one that simply should never have taken place and cannot exist under Nevada law. This includes if it is revealed that you and your spouse are related by blood. Bigamy is also not allowed by the law in Nevada. If you find out your spouse was previously married and a divorce was never finalized between the two of them, you may be eligible for an annulment.

Lacking Consent

In many states, including Nevada, a minor cannot be legally married without the parents consent. An annulment may be in order if you turned 18 less than a year prior to filing and you did not have your parents consent to marry. You may also request an annulment if, at the time the marriage was performed, you were intoxicated by alcohol or other substance that clouded your ability to consent to the marriage.

Dishonesty, Misrepresentation, and Fraud

There are a slew of reasons that may make you eligible for a Las Vegas annulment under a claim of fraud such as your spouse only married you to obtain a green card, or they promised to become a U.S. citizen upon marriage but failed to do so. Another example of fraud would include your spouse claiming to be pregnant prior to the marriage but there was no pregnancy. Other instances of fraud can include:

• Finding out your spouse only married you for financial reasons
• Failing to reveal a serious mental or health condition
• Failure to disclose inability to conceive children
• Failure to disclose homosexuality
• Misrepresentation of religious intentions

While these are some reasons a court may grant an annulment, each case is unique and the facts and scenarios will certainly vary. It’s important to discuss your case with a skilled Las Vegas attorney to help you decide on the best course of action.

Call (702) 914-0400 to talk with a Las Vegas Divorce Attorney