Annulment In Nevada
There are two ways to dissolve a marriage in Nevada. One way is through a divorce and the other is through an annulment. Parties can seek a divorce for any reason but when granted, although the marriage ends, the record that the marriage occurred remains.
Parties can file for one of two types of annulment in Nevada much like they file for a divorce. In all courts in Nevada either party can file a “Complaint for an Annulment” and have it served to the other party. This process is similar to a contested divorce. In Washoe County the court will accept a joint petition for annulment. This process is similar to a non-contested divorce. Although Washoe County is the only county to offer a joint annulment packet, other counties will accept a similar process where the parties file a “Complaint for an Annulment,” “Waiver of Service,” an “Answer,” “Summary Disposition Request,” and “Decree of Annulment” signed by both parties.
A word about Annulments in the State of Nevada
An annulment can only occur if the parties meet one of the five grounds for an annulment and if the annulment is granted the marriage is treated as if it never happened. Annulment occur if there were a Voidable Marriage or a Void Marriage. Another concept to be aware of is the putative spouse doctrine. The Five grounds are listed under their respective category of voidable or void. See below.
Two Types of Annulment
Voidable
- If the consent of either party was obtained by fraud and fraud has been proven unless the parties cohabitate as a married couple after becoming aware of the fraud.
- If a want of understanding existed for either party unless that party came back into a sane mind and continued to cohabitate as a married couple.
- If consent of a parent or guardian was required but not obtained unless an annulment is not filed within one year of the party needing consent reaches the age of 18.
Void
- If you and your spouse are too closely related.
- If you or your spouse was married to someone else at the time of your marriage.
More on Annulments
As of 2004, the putative spouse doctrine applies to both voidable and void marriages. Under this doctrine, as long as a proper marriage ceremony was performed and one or both parties had good faith belief that there was no question to the validity of the marriage then community property laws will apply. In other words, much like in a divorce, both parties will be entitled to 50% of the community property.
This process can be confusing for some. A Nevada attorney can help you during this process. If a your annulment goes to trial or you need help filing a complaint, answer, or decree contact an attorney at any point in the process for help.
Note, The Wright Law Offices, PC operates in Clark County, Nevada which is the Eighth Judicial District Court of Nevada and not in Washoe County. Occasionally, cases from Northern Counties may be moved to Clark County if Clark County is the more convenient place to proceed due to where the parties live and where their evidence may be.