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. Let’s explore this topic in more detail.

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.

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.

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.

In the state of Nevada, annulments can be granted only under special circumstances:1

1. At least one spouse was legally married to another person when the new marriage was formed.

2. The spouses are close relatives (e.g., first cousins).

3. Lack of parent/guardian consent (if applicable).

4. “Want of understanding”: One or both spouses did not intend to form a legal marriage.

5. One spouse engaged in fraud to convince the other to marry.

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.

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:

1. 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.

2. 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.

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.

1. http://www.leg.state.nv.us/nrs/nrs-125.html#NRS125Sec300

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.