Frequently, individuals inquire about obtaining an annulment in Nevada. In some cases, annulment is possible even for individuals not living in the State of Nevada. In order to file for an annulment, the Court must have jurisdiction over the marriage. The Court may take jurisdiction if one of the parties has been a resident of the State of Nevada for a period of six weeks prior to filing or if the parties were married in Nevada. NRS 125.370. A divorce cannot be granted unless one of the parties is a resident of Nevada; however, in cases of annulment, the Court can grant an annulment if the parties were simply married in the state regardless of residency. NRS 125.360.
To qualify for an annulment, you must meet the criteria for filing an annulment. This typically means the marriage is either void or voidable. A void marriage is one in which the parties are related too closely by blood or one of the parties was married to someone else at the time of the marriage. NRS 125.290.
A voidable marriage includes the following type of marriages as set out in NRS 125.320-NRS 125.350.
- Any marriage entered into by a minor without required consent of a parent or guardian as long as the annulment is requested prior to one year following the 18th birthday. NRS 125.320.
- A marriage entered into without a want of understanding. NRS 125.330.
- A marriage entered into where the consent of one party was obtained by fraud. If after discovering the fraud the individual continues to co-habitat as a married couple, this basis is waived. NRS 125.340.
- A marriage may be annulled for any basis that a contract would be void in equity. NRS 125.350.
If you believe you qualify for an annulment in Nevada, it is advised that you contact an attorney to discuss the basis for the annulment and if you qualify. This should be done as soon as you believe that an annulment is appropriate, as there are some time lines related to the qualifications. If you don’t qualify for an annulment and you are a resident of the State of Nevada, you can obtain a divorce.
This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction. If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.
K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area. We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.
Please be advised that the above post or any other post on this website is not meant to be legal advice or create an attorney-client relationship with Luna Law Firm, PC. If you are interested in retaining counsel, we are happy to set a consultation. Consultations may be set by calling 775-686-2490. View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice.
View a full listing of our Areas of Practice
Contact the Luna Law Firm today to at (775) 686-2490 to schedule a consultation to discuss your Nevada family law matter.
View our weekly legal articles on The Luna Law Firm – Family Law Blog