Are you Eligible for a Nevada Annulment?
If you want to dissolve your marriage and you were married in Nevada or are a current resident, you may be eligible to file an annulment in Nevada.
Nevada does not have a time limit on filing an annulment. However, the longer you wait the more difficult it is to obtain one. Judges take the length of the marriage very much into consideration. Even if you’ve been separated for most of the length of the marriage, they give more weight to the calendar-length of the marriage and a lot less to the time you’ve been separated.
Annulments can be filed in one of three ways:
- Joint Petition for Annulment OR
- Complaint for Annulment and Answer OR
- Complaint for Annulment—the Defendant is not required to sign when filing this way, though he or she will have to be served with the Complaint for Annulment and Summons.
Customarily, there is no court appearance for an uncontested annulment, and, when there is, the Judge usually allows the party(ies) to appear by telephone.
If you’re a Nevada resident, you’re eligible to file both and annulment and divorce at the same time, which is done by filing a Complaint for Annulment or Divorce in Lieu of Annulment.
If you are married in another state and wish to file an annulment in Nevada, you’ll have to establish residency first. To become a Nevada resident essentially requires you to have lived in Nevada for a minimum of six weeks before the official filing of your annulment.
Annulments are more complicated than divorces due to the fact that the Nevada Statutes require that a specific valid reason be stated, and also due to the way the valid reason must be presented to the court. This is the point that is most important in the annulment filing. If you don’t get it right, the annulment gets denied!
You can read some of those here. We’ve included real life example from cases that were granted using those reasons.
Important points to consider:
There are many court venues in Nevada, and many judges: some are more liberal than others when it comes to granting an annulment, and some are much more conservative. You must know how to file your annulment to satisfy all of them because judges are assigned by the court clerk—neither you nor your attorney have the liberty to choose the judge.
It is also important for you to have corroboration of your annulment reason if you allege misrepresentation or fraud in the Complaint. The Nevada Supreme Court has said that fraud cases must be proven by clear and convincing evidence. Usually an Affidavit from a friend or family member who witnessed your domestic situation will suffice.
If you allege that you were mentally unstable at the time of the marriage, a letter from your doctor, psychiatrist or therapist goes a long to avoid a hearing and, or, a denial.
Your valid reason cannot make you appear to have broken laws. For instance, if you are 18 years old and married while intoxicated, the annulment might be denied as you were committing underage drinking.
A shotgun approach with a bunch of reasons included in the pleadings is not a good idea. The judge is likely to think that you have simply become incompatible and will tell you to get a divorce and will deny the annulment.
The Judge needs to hear a story from you that can justify his or her decision to essentially set aside your marriage by way of an annulment. Annulments, as they are usually filed in Nevada, ab initio, void the marriage from the time of the marriage ceremony. This means that, from a legal standpoint, you were never married.
Because of these complications, it’s highly recommended to choose an attorney with a lot of annulment experience. We do not recommend that you represent yourself as is the case when you use a document preparation service. Paralegals and typing services are not permitted to represent you at court, nor are they permitted to give you legal advice.
Have questions about filing an annulment? Call my office at 702-420-7052 or contact me by email. We give free consultation for Nevada annulments.