One of the most frequent question we get in our office from people looking to file an annulment is “how long do I have to wait before I can file an annulment in Nevada?”
A common misconception is that you have to wait a certain amount of time after getting married before filing a marriage annulment in Nevada. You might have to wait in some other states, however, you can start the process of filing an annulment in Nevada as early as the day after the marriage took place.
As a matter of fact, even though there is no time limit on filing an annulment in Nevada, the sooner you file, the better.
TIME LIMIT ON FILING AN ANNULMENT IN NEVADA
Though there is no time limit to annul a marriage in Nevada—NRS 125 which covers all laws concerning divorces and annulments says nothing at all about a deadline for filing an annulment in Nevada—judges very much look at the length of the marriage, as well as at the grounds for annulment when considering whether to grant an annulment.
For instance, if your reason for filing the annulment is want of understanding—meaning you weren’t quite yourself at the time of the marriage—and you married on the spur of the moment, how long you wait to get the process started to annul your marriage in Nevada can make a difference in the outcome. It might be difficult to get your Nevada marriage annulled using this reason if you wait five years and you’ve been living with your spouse the whole time. By living with your spouse and creating a life with him or her after the marriage, you have essentially stated that you still agree with being married, even if the circumstances under which you married weren’t ideal.
If you file soon after the marriage, there should be no issues obtaining an annulment under want of understanding, or any other valid reason under Nevada Statutes for that matter. And if it’s been some time since the marriage, but you have never lived with your spouse and never had a marriage relationship with your spouse at all, and you have family or close friends willing to testify to that fact (in the form of an affidavit, for instance), then it will be somewhat easier to obtain an annulment.
If you are a citizen and resident of another country and you married in Nevada a number of years ago, have not lived with your spouse and never had a married life with them, and you have someone who’s willing to sign an affidavit to that effect, you also have a very good chance to obtain an annulment in Nevada, even if it’s been a number of years. We have had many such Nevada annulments granted, some for marriages performed even more than five years ago.
If you married when you had all your faculties, but discovered fraud on the part of your spouse some time after the marriage, you have grounds to file an annulment even after a few years, provided you have proof. How much proof, and what specific proof, is on a case-by-case basis.
Three years seems to be the unofficial deadline to annul a marriage in Nevada without having to jump through hoops, so to speak, but we have filed many annulments for much older marriages and had them successfully granted. If you have a legitimate reason and have the proof to back it up, the length of the marriage is not a obstacle to getting an annulment in Nevada. Of course, more proof is required if years have gone by than if you file within a few months of the marriage.
If you married while you were already married to someone else, time limits go out the window, so to speak, though some judges will be reluctant to grant an annulment in this case if it’s been a long-term marriage, and there are children involved. A judge might say that a divorce would be better in this instance. It doesn’t seem logical since the marriage is null and void, NRS 125.290, due to being already married, but judges don’t like to render children illegitimate because of the actions of the parents.
In the end, the question “an annulment in Nevada, how long” depends mostly on the personal situation of the parties filing.
NEVADA ANNULMENT REQUIREMENTS
Now that know how long you need to wait, you’ll need to know the Nevada annulment requirements. Here are the basics:
- If you were married in Nevada, you’ll be happy to know that you don’t have to establish residency in Nevada before you file an annulment here.
- Another Nevada annulment requirement is having grounds for annulment as per Nevada statutes.
The grounds fall under the following categories:
- Void marriages
- Lack of consent of parent or guardian (for minors)
- Fraud or misrepresentation
- Grounds for declaring contract void in equity
It’s best to read all the reasons that fall under those categories here: https://nevadaannulment.org/grounds-for-annulment as they are broad enough to require their own space outside this article
- If you were married outside Nevada, you are eligible to file an annulment here if you reside in Nevada, or, if military, and your Leave and Earnings Statement (LES) states Nevada as your home of residence.
As always, we offer free initial consultations, so if you’re contemplating an annulment, give us a call to find out how long you have to file a Nevada annulment