Annulment vs Divorce: Which is Better?

Deciding to end a marriage can be a difficult and emotional decision. Choosing whether to file for an annulment or a divorce can add an extra layer of confusion and stress.

That’s why it’s important to understand the key differences between the two options before deciding.

In this blog post, we will explain the main differences between annulment and divorce and help you determine which option might be best for your situation. If you have additional questions, please visit our annulment page.

What are the legal definitions of an annulment and divorce?

The first step in deciding whether to file for an annulment or a divorce is to understand the legal definition of each.

Annulment is a legal procedure that declares a marriage invalid. Essentially, an annulment is a legal “do-over,” as if the marriage never happened. You might choose to file for an annulment if you believe that your marriage was not legally valid to begin with.

Divorce, on the other hand, is the legal dissolution of a valid marriage. If you believe that your marriage was valid but has irretrievably broken down, divorce may be the better option for you.

What are the main differences between annulment and divorce in Nevada?

If you were married in Nevada, you are eligible to file an annulment in Nevada without being a resident.

For a divorce, however, you must be a current Nevada resident. This alone leads people to want to file an annulment instead of a divorce if they were married in Nevada, but do not reside here, especially if divorce laws in their home state are harsh, or if it takes a long time to dissolve a marriage there.

In a divorce, there are essentially only three valid reasons:

1. Incompatibility.

2. The parties have lived separate and apart for 1 year without cohabitation.

3. Insanity existing for 2 years prior to the commencement of the action.

What are the reasons for an annulment in Nevada?

The legal grounds for annulment are broader than those for divorce.

However, in filing for annulment, it is essential to be specific about the grounds for filing.

The exact reason for annulment must be proven, mainly in cases where fraud is claimed. The most common reasons for qualifying for an annulment in Nevada are as follows:

It is vital to work with a family law attorney to determine whether the grounds for annulment apply to your situation.

What does ‘want of understanding’ mean?

This means something must have interfered with one or both parties’ ability to understand the implications of getting married.

For instance, if one or both parties were under the influence of alcohol or drugs at the time of marriage, it could be a valid reason for annulment.

Similarly, severe emotional distress or psychological issues could interfere with a party’s understanding of the marriage contract.

How can ‘fraud’ be grounds to annul a marriage?

If one party misrepresented themselves to the other party, it can be grounds for annulment.

For instance, if one party hid a drug addiction or a previous marriage from the other party at the time of marriage, it can be considered fraud.

Annulment Attorneys in Nevada

Smith Legal Group can help you decide between an annulment and divorce. If you were married in Nevada, an annulment may be a viable option if you don’t reside here. But if your marriage was legally valid and you simply wish to end it, divorce may be the better choice. Whatever your decision, contact our Henderson, NV office at 702-410-5001 to request a free consultation to discuss your options with an experienced family law attorney.