One of the most frequent question we get in our office from annulment prospects is how long they have to wait before they can file an annulment in Nevada.
One common misconception is that you have to wait a certain amount of time before filing an annulment . It might be the case 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, the sooner you file your annulment, 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.
If you want to file an annulment based on want of understanding—meaning you weren’t quite yourself at the time of the marriage, and, or, you married on the spur of the moment, how long someone waits to get the process started to annul a marriage in Nevada can make a difference in the outcome of your annulment. 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.
That said, 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 have a much better chance, even if it’s been a number of years. We have had many such Nevada annulments granted.
If you married when you had all your faculties, but discovered fraud on the part of your spouse some time after the marriage, you’ll have grounds to file an annulment even after a few years, provided you have proof.
Three years seems to be the unofficial deadline to annul a marriage in Nevada, 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 with 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.
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 an annulment in Nevada.