Nevada Annulment Laws & Qualifications

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• In most cases, marriages come to a legal end when
  one or both parties file for divorce and comply
  with all applicable regulations associated with
  this procedure. There is, however, another option
  that can terminate a marriage annulment. Though
  relatively uncommon, and subject to a number of
  qualifications, annulment is a valid option
  recognized in the state of Nevada. Lets explore
  this topic in more detail.

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• An annulment is a legal process similar to a
  divorce, although it differs in a few very
  important ways.
• Once officially granted by the courts, an
  annulment formally dissolves a marriage.
• For all legal purposes, the annulled marriage is
  treated as if it had never happened in the first
  place.

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• So how is an annulment different from a divorce?
  For one thing, a divorce tends to trigger a
  number of legal obligations (e.g., alimony, child
  custody, division of property).
• Conversely, an annulment voids the marriage and
  all obligations that would ordinarily stem from
  it.

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• It should also be understood that the process
  that we have defined is known as a civil
  annulment.
• This is distinct from a religious annulment,
  which is recognized by churches that do not
  acknowledge second marriages. A religious
  annulment has no legitimacy or relevance outside
  the particular church to which one or both
  spouses belong.

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• In the state of Nevada, annulments can be granted
  only under special circumstances1
• At least one spouse was legally married to
  another person when the new marriage was formed.
• The spouses are close relatives (e.g., first
  cousins).
• Lack of parent/guardian consent (if applicable).
• Want of understanding One or both spouses did
  not intend to form a legal marriage.
• One spouse engaged in fraud to convince the other
  to marry.

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• In Nevada, there is no deadline to apply for an
  annulment.
• The state recognizes one exception to this rule,
  however. If one spouse was a minor at the time
  the marriage was formed, and did not have consent
  from a parent or guardian, then an annulment can
  be granted no later than a period of one year
  after the spouse has turned 18 years of age.

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• The first step occurs when one spouse files a
  complaint for annulment with a Nevada courthouse.
  They must also have another party serve the
  relevant papers to the other spouse.
• At this point, one of two events will happen
• The other spouse files a formal answer with the
  court, which will then schedule a conference and
  a hearing to weigh the arguments from each side.
• The other spouse fails to file an answer, in
  which case the original filer can ask the court
  for a default judgment that will approve the
  annulment.

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• Once the annulment has been granted, the law
  treats the spouses as if they had never been
  married. Therefore, there is no need for
  negotiations relating to division of assets or
  similar marital issues.
• However, the couple still has parental
  obligations relating to any children they may
  have had together.

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1. http//www.leg.state.nv.us/nrs/nrs-125.htmlNRS125
   Sec300

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• Founded by Emily McFarling, Esq. in 2003, The
  McFarling Law Group is dedicated to providing its
  clients with highly effective representation in
  divorce, child custody, parental abduction, and
  related family law matters. The firm is located
  in Las Vegas, Nevada.
• Visit www.mcfarlinglaw.com for more information.