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.
Are You Eligible for an Annulment in Nevada?
If you were married in Nevada or are resident in the state, you are eligible to obtain an annulment in Nevada without being a resident of the state. If you were married outside Nevada, but reside in the state, you are also eligible to file in Nevada. In addition to this, you must also have grounds for an annulment under Nevada Statutes.
While effort has been made to ensure the requirements are clear, the complex legal rules involved can still complicate the process, so it’s always best to reach out to an attorney with experience in filing Nevada annulments.
The attorney will advise you on the position of Nevada family laws in relation to your case, and the options you have for obtaining an annulment. An attorney would also strategize the best way to file your case depending on your personal circumstances.
Filing an annulment is a good option for those who wish to end their marriage in a way other than divorce. Since an annulment essentially voids a marriage, it means that, from a legal standpoint, the marriage never occurred.
What is an annulment?
Annulment is a legal procedure that brings a marriage to an end. In this way, it is similar to a divorce, except that in Nevada, most annulments are filed ab initio, meaning the annulment dissolves the marriage from the time it was entered into, whereas a divorce acknowledges a legal relationship between the parties for the duration of the
The word annulment itself means to officially declare a thing invalid, to “reduce a thing to nothing.” Therefore, when a couple obtains an annulment, the law essentially wipes out the existence of their marriage. They are treated as if they were never married in the first place.
For instance, if a woman changed her name legally as a result of the marriage, after an annulment has been granted by the court, she will be required to legally change it back to her previous name since, from a legal standpoint, the marriage never took place. Therefore, she has lost the right to have changed her name to her spouse’s last name.
Annulment was created as an alternative marriage dissolution procedure for spouses who believed their marriage was invalid. So, rather than require a couple to go through the lengthy divorce process for a marriage that was faulty from the start, the law allows them to pursue a faster, similarly permanent alternative.
Due to the reasons for creating annulment as a marriage dissolution procedure, there are special eligibility requirements that must be satisfied. Unlike a divorce in Nevada which has lesser requirements besides residing the state even if married in it, there are stricter requirements for anyone who wishes to obtain annulment in Nevada.
When will an annulment in Nevada be granted?
To obtain an annulment of a marriage in Nevada, the parties must have valid grounds under Nevada law. These are referred to as grounds for annulment, and at least one of valid reason (grounds) must be present in your case to justify an annulment.
Generally, there are two major grounds on which a marriage can be annulled in Nevada. These are that:
- The marriage was not lawful from the start, making the marriage “void”; or
- The marriage lacks one or more legal requirements, which means it can be declared void. This makes the marriage “voidable”.
The first ground involves conditions that nullify a marriage from the start. When these grounds exist, it means the law cannot treat the union of the spouses as a valid marriage in law. It would have been invalid right from the start. The grounds falling under this condition include:
- Spouses are related by blood (siblings, parents, and first or second cousins); or
- Either of the spouses was married to someone else at the time of the marriage. This amounts to an offense called “bigamy.”
Though a marriage might be considered void from the start, one must file an annulment to establish that fact. Without filing an annulment, it appears to the world at large as if the parties are still married, even if the marriage is legally void.
The second major ground involves conditions that affect the legality of a marriage, but do not render it void immediately. In these situations, the marriage may become void upon a complaint by either spouse, or anyone else allowed to file a complaint. The conditions here include where:
- Either spouse was under 18 years and failed to obtain parental consent to marry at the time of the wedding;
- There was a “want of understanding” between the couple at the time of marriage. This means either spouse failed to consent to the marriage due to insanity, mental disability, intoxication, or any similar mental state;
- Either spouse was fraudulently induced to enter into the marriage, or consented due to a misrepresentation of facts.
- Any other reasons such as duress, undue influence, or mutual mistake of the law.
If any one of the above apply to you, you may be eligible to file an annulment in Nevada. However, you must also meet the following requirements.
Requirements you must meet to file an annulment in Nevada
Generally, before any person can qualify for a Nevada annulment, they must either:
- Be married in the state;
- Be resident in the state, if married elsewhere. To meet residency requirements, either spouse must have lived in Nevada for at least 6 weeks before the date they intend to file; or
- If a member of the military, have Nevada as your state of record.
In addition, the filing must occur within a reasonable amount of time after the date of marriage. While there is no specific time limit for filing an annulment in Nevada, a judge might be less likely to grant the annulment if a lot of time has passed.
After meeting the above requirements, there are further conditions that need to be met before you can file successfully.
- Your petition for annulment must clearly state why you are requesting an annulment. This reason must include at least one of the grounds mentioned above.
- The grounds highlighted in your petition as your reason for seeking annulment must be backed by evidence. For instance, if you believe your consent to the marriage was obtained by fraud, there must be evidence to that effect. This may be in the form of an affidavit by someone with special knowledge of the matter, phone recordings, or any other evidence.
- The grounds cannot make you appear to have broken the law. For instance, if your complaint or joint petition states you did not give consent to the marriage because you were less than 18 and intoxicated at the time of the wedding, this may affect your case. But you should speak to a Nevada family law attorney to learn how the law may specifically affect your case.
- If the marriage produced children, you will be required to include a child support and custody plan in your annulment filing.
If you meet all of these requirements, you might be in a good position to begin the process of requesting an annulment in Nevada. To ensure you have the best, and most recent, advice relating to your case, you should contact an experienced family law attorney, one who specializes in annulments as these require finesse not necessary for a divorce, where the grounds are typically incompatibility.
I was married when I married my second husband in Reno. Can I obtain an annulment inNevada even though I live in Colorado. We have been married for 20 years. Children are grown.
Hello Cindy,
unfortunately, your Reno marriage is void. You can file an annulment in Nevada without being a resident because you were married here, however, after this length of time a judge here might well tell you to obtain a divorce in Colorado so matters of property division can be handled there. Depends on the details of the situation and on the judge.
My husband and I got married on Dec 27, 2021. Just been married for a week. He wants an annulment. Because he wants his freedom back. He paid for the wedding. I paid for the marriage license in Las Vegas. He asked me to marry him.
Hello Hazel,
you are eligible to file an annulment in Nevada without being a resident because you were married here. Either you, or he, can file an annulment. You can’t prevent him from filing, unfortunately, but you can file an Answer and Counterclaim in response to his filing.
I got married in Nevada to a man I thought I knew. We have only been married 11 months and in that time I have discovered he has been lying to me about who he truly is. He hid his alcohol addiction and mental health disorder. I was completely deceived. Do I have any grounds for annulment? We are from another country.
Hello Megan,
this could be valid, but best to discuss it to get more details best not left on this blog post. Call the office at 702-680-1780, or complete this contact form: https://nevadaannulment.org/contact/
Thank you.
Hello Megan, that could be valid depending on some factors, such as how long you knew him before the marriage, how you came to discover these things, and whether you stayed in the marriage after the discovery. Contact us directly if you want to discuss your eligibility: https://nevadaannulment.org/contact/ You can also call us at 702-680-1780.
We were married Jan25 of this year in vegas. 2 days later I had to return to New Mexico for getting ready to go to California to move her items here. I spent 2-3 weeks and several trip with trailers here. She had a rescue horse at a equestrian facility. Horse not in good shape. I had been building barn and stables to move her horse here. That was her
Priority for me. I t was a challenge for both of us to start making my place a home for us. I was spending sun up to sun down getting here barn built. Her horse got sick and within 2 hours she was headed
3 hours to airport. After 3-4 months horse is somewhat better but has major issues she bought her an RV to live in at a friends stable. She’s not always there with
Her horse but somebody is around. The horse will never be able to come here. Now she decicded she will not live here with me in NM she will stay in California. We talked about that before
Marriage and that We’d not live in California. I’ve offered other states with horse facilities. She will not move or live anywhere else if when horse dies my mother is 85 and poor health so I’m here to help her too. I helped her with her mother and understood she’d be there and I helloes til she passed. She expects me to move to California if I want to live with her. Or, I could visit her. I can’t and will not just go to visit my wife. I spent a small fortune in the last year and half to help and support her. I am tired of feeling used and were both ready if we can get this
Marriage annulled. After leaving to help her horse, she’s decided to stay there regardless.
Weave been married 7 moths yet an have barely 2 months together. I be offered counseling, whatever it takes. No response. Time to shut down. Would this be able to be one for annulment?
Hello Larry,
yes, we can work with that. Please call the office at 702-680-1780, or complete this contact form to get things rolling: https://nevadaannulment.org/contact Thank you.
Hi Larry, we’re already in contact through email and phone so we’ll continue that way. For anyone else reading this, this is a valid reason for an annulment.
My husband and I want to get an annulment I would like to do that as soon as possible we would like to do that as soon as possible thank you for your time
Hello Kimberly,
if you were married in Nevada, or live here, we can help with that. Please either complete the contact form on our website, https://nevadaannulment.org/contact/, or call the office at 702-680-1780. Thank you.
Hello Kimberly,
were you married in Nevada? If so, how long ago? Do you know what your valid reason might be? It’s best to contact us directly to answer these questions. https://nevadaannulment.org/contact/
I was married in Sept 2020 in Vegas but since returning home she has been nothing but verbally abusive and controlling, we do have a child together.
Hello Tim,
you’re in a decent time line to file an annulment. You’ll need grounds as per Nevada Statutes. Here they are: https://discountlasvegaslawyer.com/annulment_valid-reasons/
I was married in February 2018. My wife has many mental health issues that she hid from me and I am unable to deal with it without harming myself emotionally. Is there grounds for an annulment?
Hello Andrew,
that is a valid reason. It would be best if you called the office to discuss the issue: 702-680-1780.
Hello,
We were married in Nevada, August 2020, and have since discovered that there are irreconcilable differences and opinions between us, and have acknowledged that continuing the relationship will inevitably lead to mutual resentment, an unworkable overall situation, compounded by opportunity cost and other types of financial harm in the future.
There is no ill will, but a strong desire to annul the marriage, and make a clean break so that we can each move on with our lives.
The official qualifications make for some pretty extreme situations (abuse, addiction, fraud etc.), and we do not fit into these categories. Is there a way to annul this marriage? Hope to engage your services if so.
Appreciate any assistance you can provide
Hello Michael,
to file an annulment in Nevada, your grounds must fit within the grounds found in Nevada Statutes. I’ll send you an email with a list of them. Check Spam if not in your Inbox. Thanks.
Pat and I were married in Las Vegas 35 years ago – and after our children ( 2 boys finished college and move on ) our relationship has also moved apart.
How much time and money will it cost to get a annulment if we travel back to Las Vegas
Hello Charles,
after 35 years and two children, it’s best you file for divorce. If you live in Nevada, we can help you with a divorce, but otherwise, reach out to an attorney in your state of residence.
I was married in May 2003 in Nevada and found out he was not divorced until 1/20/2004. He was still legally married when we got married. When I found out I left shortly after in 2003. It has been 18 years and I just assumed marriage was Voided. Do I need to get an annulment to make it legal.
Hello Debbie, the marriage is void, but you establish that fact by filing an annulment.
We were married in Las Vegas in 2005. We are divorced since last year. Now I discovered we are blood relatives (half brother and half sister). Can I still get annulment of marriage (after divorce) in Las Vegas?
Now that the marriage is dissolved, there is no need for an annulment.
We married valentine’s day and he is asking for an annulment due to a girl’s night I had for my sister’s birthday. I went to the club with them and now he say I’m a hore and we need to annul this marriage. Is this something I can do? There is no respect in this relationship on his end and is probably the best thing for us to do. We do have 4 children and two of them are ours but were born in 2016 and 2019 before we married. I would appreciate your help.
Thanks
Hell ZLara, having four children together doesn’t mean you can’t get an annulment, but it could make it more difficult. The reason you state for the annulment isn’t valid in Nevada. Here’s the link to valid reasons for an annulment as per Nevada Statutes: https://discountlasvegaslawyer.com/annulment_valid-reasons/
I was married in Vegas in July 2021. We planned it out, however I have depression issues and should not have done this. I am on medication for depression and anxiety and I am miserable in this marriage. Do I qualify for annulment?
Hello Susie, you are eligible to file an annulment in Nevada without being a resident because you were married here. And your reason is valid. As proof, a letter from your doctor would suffice.
I got married June 2021, it was with my friend/ roommate. However we did plan this. I have a lot of health issues and anxiety, daily im miserable with being married period, he agrees with me 12 yr. Difference doesn’t help as well as me losing my income which both of us receive SSI .I want out of marriage. Can I get this annulled
Hello Vanessia,
you’ll need a valid reason as per Nevada Statutes. Here is a list of them: https://nevadaannulment.org/grounds-for-annulment/
Hello, I have a question on behalf of my brothers and I, my now step dad married my mom in 2006, we were happy for my mom, now she passed away, and we found out that he was still married to his first wife till 2014, can I petition a annulment on this grounds.?
Thanks.
Hello Chris, deceased people cannot obtain an annulment, except may be in probate court. There are some state cases that allow an annulment like this if there is clear and convincing evidence of fraud, but Nevada has no such case.
I got married October 2021 and it is November 2021. I’ve been getting verbally abused and feel threatened can I request an annulment?
Hello Miguel, as long as you were married in Nevada, you can file here. Click on this link to read the valid reasons for an annulment in Nevada: https://nevadaannulment.org/grounds-for-annulment/
My husband and I were married 3 years. We are different religions and I was going to convert to his. I no longer want to do this. We both would like to have the marriage annulled. Would the court grant us an annulment?
Hello Mary, it’s quite possible this would be granted in Nevada, but depends on the exact circumstances and also why you waited this long to file. If you were married in Nevada and want help, call us at 702-680-1780.
Back in 2012 my Fiancé obtained a Marriage License with his then girlfriend. They never officially got married or received a marriage certificate. We are getting married and would like to make sure there is no legal process we need to go through to ensure we won’t have any issues getting married.
Hello Kristin,
I would check the marriage bureau to ensure there isn’t a marriage. If you have any questions please let us know. Thank you!
We rushed into a marriage in 2002 after he had filed for a divorce. We didn’t realize until recently, because I am wanting a divorce, that his previous divorce wasn’t finalized until 6 months after our wedding. We have no children but lived as a married couple for almost 20 years. Are we able to get an annulment instead?
Hello Emilia,
I am not able to give you a plain answer of yes or no. I would like to speak with you regarding the situation, I have some question before I am able to answer your question. Please call our office at 702-680-1780. thank you!