Grounds for Annulment

Grounds for annulment of marriages performed in Nevada.

Void marriages NRS 125.290: Real Cases Examples __

1. All marriages which are prohibited by law because the parties are related in some way, such as cousins.
2. Either of the parties having a former husband or wife now living

 Want of understanding NRS 125.330: Real Cases Examples __

1. Being intoxicated, and you would not have married otherwise.
2. Being under the influence of medication, or drugs, at the time of the marriage, and you would not have married otherwise.
3. Not “being your typical self” due to extreme stress or recent trauma in your life, or being on an incorrect dosage of a drug that alters your mood or disposition, or not taking the drug at all when prescribed and recommended you do so, and you would not have married otherwise. A letter from your mental health provider would be required to uphold this reason.

Lack of consent of parent or guardian NRS 125.320: Real Cases Examples __

If one of the parties was a minor at the time of the marriage and did not obtain consent of a guardian or parent,

1. A marriage entered into as a minor can be annulled up to one year after the minor party reaches the age of 18, unless the minor freely cohabits with the other party as husband and wife after reaching the age of 18.

Fraud or misrepresentation NRS 125.340: Real Cases Examples __

1. Promises to have children but that promise then being broken after the marriage, and having children is very important to you.
2. Finding out that a spouse had children from a previous relationship and never revealed that information.
3. One of the two marriage partners not revealing that they owed huge sums of money or had filed for bankruptcy.
4. One of the two marriage partners not revealing that they owed a large amount of money to the IRS from before the marriage.
5. Undisclosed history of mental illness.
6. Undisclosed history of drug or alcohol abuse.
7. Undisclosed criminal past and/or arrests.
8. Undisclosed homosexuality or bisexuality.
9. One marriage partner manipulating the other to marry them to legally remain in the U.S. though this has to be proven by third party affidavit and might require a hearing.
10. One partner being found to have been in an intimate relationship with someone other than spouse before the marriage and continuing that relationship into the marriage when the parties agreed to be monogamous in their marriage.

Grounds for declaring contract void in equity NRS 125.350  Real Cases Examples __

1. An agreement to have children after the marriage broken after one of the parties realizes that she or he did not really want children after all.
2. Believing that you both follow the same religion (or a sect within a religion) and realizing that you were mistaken and not being able to remain in the marriage because of it.

Other reasons could also be valid under Nevada Statutes. The above are merely examples of valid reasons entered on Nevada annulment forms for actual annulment cases we have successfully handled for clients.

If you can prove fraud or misrepresentation to something that affects the core of your marriage but is not found above, it may be considered a valid reason as well. Contact Us and ask. We’ll reply promptly to your query.

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 as grounds for annulment in Nevada, keep in mind that some judges require you to attend a prove-up hearing for your marriage annulment, though we do our very best to avoid this entirely. When it’s unavoidable, Mr. Smith arranges for you to attend the hearing by phone while he is physically in the courtroom for you as required. Some judges want a hearing based how they view your grounds for annulment. In a large majority of cases (nearly 100%) this is allowed, especially if you live outside Nevada or outside the U.S.

See the grounds for annulment as found in the Nevada annulment laws