Respected by Nevada Courts and Judges, Attorney James E. Smith has 25+ years experience helping 1000's of clients like you regain their freedom
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What is an annulment?
Your marriage is dissolved “ab initio,” which means that the marriage is annulled from the very day on which the marriage took place. In other words, from a legal standpoint, it’s as if you never married. This is the type of annulment most commonly filed and the kind of annulment you will be filing when using our services. A marriage can also be considered annulled from the time the annulment was granted, rather than from the time the marriage took place. This is not done very frequently.
Do I have to be a Nevada resident to file an annulment in Nevada?
Provided you were married in Nevada, you do not have to be a Nevada resident to file a Nevada annulment (or a Las Vegas annulment – they are the same thing). If you were married outside Nevada, you will need to establish residency in Nevada before filing. You must live in Nevada for a minimum of six weeks to be considered a Nevada resident. But again, provided you were married in Nevada, there is no Nevada residency requirement.
What are grounds for a Nevada annulment?
NRS 125.290 Void marriages.
1. Consanguinity between the parties.
2. Either of the parties having a former husband or wife then living, if solemnized within this State, are void without any decree of divorce or annulment or other legal proceedings. A marriage void under this section shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160.
NRS 125.300 Voidable marriages: Causes for annulment.
A marriage may be annulled for any of the causes provided in NRS 125.320 to 125.350, inclusive.
NRS 125.320 Cause for annulment: Lack of consent of parent or guardian.
1. When the consent of the father, mother, guardian or district court, as required by NRS 122.020 or 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction.
2. If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriage contracted without the consent of the father, mother, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as husband and wife. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.
NRS 125.330 Cause for annulment: Want of understanding.
1. When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.
2. The marriage of any insane person shall not be adjudged void, after his restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind.
NRS 125.340 Cause for annulment: Fraud.
1. If the consent of either party was obtained by fraud and fraud has been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.
2. No marriage may be annulled for fraud if the parties to the marriage voluntarily cohabit as husband and wife having received knowledge of such fraud.
NRS 125.350 Cause for annulment: Grounds for declaring contract void in equity.
A marriage may be annulled for any cause which is a ground for annulling or declaring void a contract in a court of equity.
Other reasons could also be valid under Nevada Statutes. The above are merely examples from actual annulment cases we have successfully handled for clients.
If you can prove fraud or misrepresentation to something that is important to the existence of the marriage, the reason could be considered valid. Contact Us and ask. We’ll reply promptly.
With fraud and misrepresentation, a third party affidavit is sometimes required, e.g. if you claim that your spouse married you for “a green card”, your judge might require an affidavit from a third party who is aware of the situation, especially if your spouse will not sign an Answer that supports your claim.
Also, with fraud and misrepresentation, keep in mind that some judges require you to attend a prove-up hearing, though we do our very best to avoid this entirely, and when it’s unavoidable, Mr. Smith appears at court for you while you simply attend over the phone.
My spouse won't sign the documents. Can I still get an annulment?
If your spouse does not contest the annulment, you can still get your Nevada annulment by a Default process. If your spouse contests, it will be up to the judge whether or not to grant it, based on the evidence you both provide.
How long will it take for my Nevada annulment to be granted?
If both parties sign the Nevada annulment documents, it takes 1-3 weeks, on average, for the annulment to be granted. If only the Plaintiff signs the Nevada annulment documents, it takes 6-8 when the Defendant can be serverd personally and about 15-18 weeks if the Defendant has to be served through a Publication process because he or she cannot be found.
Do I have to attend a hearing before my annulment will be granted?
In 98% of Nevada annulment cases, there is no hearing required before a Nevada annulment is granted. If yours should happen to be that rare case where a hearing is required, your judge is likely to allow you to appear at your hearing telephonically (over the phone). Of course, Mr. Smith, your attorney, will be present in the courtroom to represent you; and with 24 years of experience in filing annulments in Nevada, it’s highly likely that your annulment will be granted as a result of the hearing. Less than 1% of the cases we file are ever rejected or denied by the court.
What is the cost of filing a Nevada annulment?
A two-signature annulment costs $550 for the attorney services, and $542 OR $328 for the court costs (the court costs depend on whether or not a Joint Petition annulment can be filed in your particular situation). A one-signature annulment is $899 for attorney services plus $330 for court costs. We add up the total cost and divide it into two equal payments; first half due up front, second half when we get the documents back from you signed and notarized. In a one-signature annulment, there is the additional cost of the process server and possibly Publication.
Can either party change their name as part of an annulment?
The wife may change her name back to the name she used before the marriage. The Husband may not do a name change at the same time as a Nevada annulment.
How long after the marriage can an annulment be filed in nevada?
There is no time limit on filing an annulment in the Nevada Statutes. However, judges do very much take the length of the marriage into consideration when deciding whether or not to grant a Nevada annulment. The longer the marriage, the more the valid reason is scrutinized by a judge.
What is the difference between a divorce and an annulment in Nevada?
An annulment dissolves AND voids the marriage as though it had never occurred. In a divorce, the marriage is dissolved from the time your divorce is granted and acknowledges that there was a legal relationship between the parties.
Are there fees other than the attorney fees?
Yes, there are the court filing fees, as well as court administrative fees. The actual court fees change according to the type of case we are filing on your behalf. You can see clearly the exact court filing fee(s) and costs for your case on the case intake questionnaire before you submit it.
Can I file a joint petiton annulment in nevada?
We file joint petition annulments in Carson County, Nevada. Clark County, Nevada (where Las Vegas is located) does not accept Joint Petition annulment filings at this time. If you have been married less than one year and the reason for your annulment is Want of Understanding, you may file a Joint Petition annulment. It takes one to two weeks for a Joint Petition annulment to be granted once we have your signed documents in our possession. These annulments are sometimes granted in just a few days.
What do the attorney fees cover?
The attorney fees covers the attorney acting as your attorney of record; all documents needed to facilitate your case; processing of your case through the appropriate Nevada court for your particular annulment case; corresponding directly with the court regarding your uncontested annulment matter. In short, anything and everything that needs to be done to take your annulment from start to finish provided your case is not contested and no court hearing is requested by the judge. If these things were to occur, there would be additional fees.
What is the difference between a Nevada annulment, Las Vegas annulment, and Reno Annulment?
There is essentially no difference between filing any of the above. They are al basically all annulments filed in a Nevada court. They have become known by the other names due to the popularity of those destinations.
Can Wife keep Husband's name after an annulment was granted?
An annulment voids a marriage; essentially, it means that, from a legal standpoint, it never took place. Therefore, since Wife was never legally married to Husband, she cannot keep Husband’s last name since he never was her legal husband.
Full Service Attorney’s Office
We provide more annulments than any other Las Vegas attorney. James E. Smith, Esq. has been representing clients like you since 1985 and has been successful at having some tough annulments granted. We are a flat-fee discount firm.