Annulment Lawyers

When tying the knot wasn’t a good idea

Divorce and annulment are often used interchangeably, but they serve different legal functions.

A divorce ends a legally recognized marriage, whereas an annulment declares that a marriage was invalid from the start – as if it never happened.

In Nevada, this means that the marriage will be erased from both parties’ records, giving the unmarried couple a clean slate in the eyes of the law.

This distinction is critical when considering factors like asset division, alimony, financial obligations, and other legalities commonly associated with divorce proceedings.

Unlike divorce, there’s no division of assets or spousal support considerations, which can drastically simplify the process.

Smith Legal Group has a strong understanding of these distinctions in order to educate you on your available options.

Where annulment is warranted and sometimes necessary

If you’re the one filing for an annulment, the responsibility is on you to prove that the marriage should be voided. This isn’t always easy, and the reasons are often unpleasant.

Smith Legal Group is adept at gathering solid evidence and presenting a strong case that meets Nevada’s legal criteria.

Valid grounds for voiding a marriage include:

Lack of Consent: If one party is underage and did not have the legal consent of a parent or guardian, the marriage can be annulled. The state of Nevada requires those 17 years of age to obtain parental consent and a judge’s consent for marriage.

Fraud: If crucial facts were deliberately concealed or misrepresented by your spouse to coerce your consent for marriage, you might have a strong case for an annulment.

Bigamy: Being married to more than one person at a time automatically makes the subsequent marriage voidable. Nevada law strictly prohibits bigamy.

Want of Understanding: If either party lacked the mental capacity to understand the nature and responsibilities of marriage at the time of the ceremony, this could be used as grounds for annulment. Read more.

Blood Relation: Marriages between close blood relatives are prohibited under Nevada law and can be annulled without much dispute.

What to expect when filing an annulment in Nevada

You can file for annulment in Nevada, regardless of residency. Anyone married in Nevada can file for an annulment, even non-residents.

The state also allows its residents to file for annulment for marriages that took place outside the state lines.

The annulment process starts by filing a complaint and paying the filing fee in a Nevada district court. You’ll need to identify the appropriate jurisdiction, which is often based on where you or your spouse reside or where the marriage took place.

After filing the complaint, your spouse is served with a summons and other court documents. They will have a specific amount of time to respond, and if they don’t, you may be granted a default annulment.

If your spouse contests, you’ll face a court hearing where evidence and testimonies come into play.

The strength of your case will determine the court’s decision, underscoring the necessity of hiring us to effectively end your current marital status permanently.