What is an annulment?
An annulment is an alternative to divorce to end a marriage. Pursuing an annulment presumes that your marriage was invalid from the start whereas a divorce acknowledges the marriage took place for some time period. In Nevada, there are several boxes to check if you want to annul your marriage on the grounds that it was invalid from the start.
How can I get an annulment instead of a Divorce?
Depending upon the circumstances surrounding a marriage, it may be annulled by the Nevada Courts as if it never existed.
Obtaining an annulment in Nevada requires proving that your marriage was invalid from the beginning and should be considered null and void. Nevada has a few requirements:
- Relatives. In Nevada, you cannot marry someone that is considered a blood relative. If you are related closer than second cousins, the marriage is considered void.
- Bigamy. You cannot be currently married when you enter into a new marriage. This marriage would also be considered void, because whoever was married, was not free to be legally married again.
- Want of Understanding. Any failure to adequately consent to the marriage (insanity, mental disability, intoxication) is grounds for an annulment, however, in Nevada, this must be proven with clear evidence.
- Lack of Consent of Parent or Guardian. The standard age to be married is 18. A minor who is 17, may get married if they get the consent of either parent or legal guardian. If the appropriate consents were not obtained, the marriage can be annulled.
- Fraud. If either spouse lied or committed fraud to convince someone to marry, the marriage can be annulled. The lie must be serious enough that it would have prevented the marriage from taking place and will need to be proven with evidence.