The annulment process is very similar to divorce. The major difference is that instead of dissolving the marriage the court is declaring that it was never a valid marriage to begin with. It is usually more difficult to get an annulment than a divorce because it is up to the judge to decide whether you have sufficient grounds for the annulment. In order to qualify for an annulment you must have the grounds (legal reason recognized by Nevada law) for an annulment. There are six grounds:
- If you or your spouse were previously married to someone else at the time of your marriage and did not obtain a divorce from the prior spouse at the time of this marriage. This type of marriage is considered void under Nevada Law but you may decide to seek a Decree of Annulment to have legal proof of its invalidity.
- If one of the parties to the marriage was under 18 at the time of the marriage and did not have parental consent and after that party turned 18 you have not lived together and that party turned 18 less than a year ago;
- If the parties to the marriage are too closely related by blood. This type of marriage is considered void under Nevada Law but you may decide to seek a Decree of Annulment to have legal proof of its invalidity.
- If you learn that the other party had been determined to be insane by a medical doctor prior to your marriage and the other party did not tell you this before the marriage;
- If there was a want of understanding of the contract of marriage because of, for example, drug or alcohol impairment;
- If fraud was committed by one of the parties and the parties have not lived together after learning of the fraud. The fraud must be substantial. For example, you married your spouse because you wanted to have children together and your spouse did not tell you he was sterile or you learn that your spouse married you solely to get a green card or pursue citizenship.
If you meet one of these grounds you can file for an annulment rather than a divorce. A complaint is filed with the Family Court and then the other party must be served with a Summons and Complaint for Annulment. He/she will then have 20 days to contest the action. If your spouse does not file an answer, then we get a document called a default issued by the clerk of the court and submit documents including the Final Decree of Annulment to whichever judge your case is assigned to for his review and the entry of a Decree of Annulment.
If your spouse does file an answer your annulment is now contested. We recommend you come in and talk to us as soon as possible so we can discuss what to do and expect next.
Come in for the free consultation so we can discuss your particular situation and circumstances. Typically in the consultation we cover annulment basics, your particular situation, how to deal with your spouse during the process, and last, but not least, quote you a price and discuss payment options and plans.
IT’S COMPLICATED, BUT WE MAKE THIS STUFF AS SIMPLE AS WE CAN.