Annulments are a popular alternative to divorce in Nevada.  Most people assume that a Nevada annulment is only allowed when a spouse was too intoxicated to know what happened the night before at the Las Vegas or Reno wedding chapel.  However, Nevada law allows for an annulment in many additional circumstances, including:

• Marrying a close relative
• Being married already when you marry again
• Fraud
• Failing to obtain the necessary consent from a parent, guardian or court

There are additional grounds that a person may use to seek a Nevada annulment.  However, these are the most common.  Out of the list above, the first two annulment grounds (marrying a close relative or being married already when you marry again) are classified as “void” marriages.  Because these types of marriages are against public policy, Nevada law treats void marriages as if they never happened.  Many people assume that if they have entered into a void marriage there is no need for an annulment.  However, it is always wise to still obtain a formal annulment decree from a judge to dissolve the marriage.  Taking this extra step avoids future joint liabilities for debt, loss of separate property protections and other legal issues.

Obtaining a Nevada annulment for fraud can be based on several different situations, including, but not limited to, the following:

• Your spouse fails to disclose a material fact about the past, including a criminal history, drug use or previous mental illnesses
• The spouse has children that you did not know about
• Your spouse promises to have children with you but then breaks that promise after you are married

The failure by an individual to get the necessary consent from a parent, guardian or court is also a valid ground for a Nevada annulment.  The classic scenario most people think of is a child under the age of 18 sneaking off to get married without parental approval.  Additionally, this may also include a person subject to a guardianship getting married without the guardian’s approval or a person previously declared insane entering into a marriage without a court’s authorization.

Many clients are concerned about whether they can obtain an annulment in Nevada if they are not Nevada residents.  Nevada law allows you to obtain an annulment without being a Nevada resident if you were married in Nevada.  If you were not married in Nevada but would like a Nevada annulment, at least one of the spouses must be a resident of Nevada for a minimum of six weeks.

The Pro Law Group specializes in representing people who are in need of a Nevada annulment.  If you have any questions regarding whether your particular situation meets the requirements for an annulment in Nevada, contact us today for a free consultation.