How to File for a Marriage Annulment in Nevada
So you went on a Vegas trip with your significant other and decided to tie the knot. You got back home to Nevada and realized you weren't ready. Now, what next?
You probably don't like the idea of a divorce and you're wondering if you can get the marriage annulled. While getting a divorce is not an awful thing, society often puts a negative connotation to it, implying failure. So the best option is to try and get the marriage annulled, but how? DoNotPay can help you learn more about annulments and help you file for a Nevada annulment if your marriage is eligible. The best part is you don't have to go through arduous procedures or hire a lawyer to get it done. Simply sign in through your browser, fill in some information and we'll take it from there.
What Is an Annulment Under Nevada Law?
According to Nevada laws, an annulment is when the court delegitimizes a marriage as though it never existed in the first place. When a marriage is annulled, neither spouse is deemed liable to the other except for instances where children are involved and property, only if both parties acted in good faith.
Unlike an annulment, a Nevada divorce occurs if the courts deem a marriage viable. A record of the marriage remains a public record while there's no record of the marriage after the annulment is granted in an annulment.
On What Grounds Can a Marriage be Annulled in Nevada?
To get an annulment in the state of Nevada, either the marriage must have taken place in Nevada, or one of the spouses must have lived in Nevada for at least 6 weeks before filing the annulment.
In addition, for there to be legal grounds for an annulment in Nevada, your marriage must be deemed by the courts to be either:
- A void marriage
- A voidable marriage
1. What is a Void Marriage in Nevada?
A marriage is deemed to be void in Nevada in the following instances:
- Bigamy – If one of the spouses is legally married to someone else, then the marriage is considered invalid by the law. Bigamy is a class D felony in Nevada and carries a sentence of up to 4 years jail time and a fine of up to $5,000.
- Blood relation – If the spouses are related by blood, the marriage is automatically null and void. Incest is considered a felony in Nevada, and such marriages between relatives are not recognized as valid. The crime carries a sentence of up to 2 years jail time and a fine of up to $10,000
2. What is a Voidable Marriage in Nevada?
Voidable marriages in Nevada circle around issues to do with consent. For a marriage to be legal, both parties must be willing participants and be of sound mind. A marriage could be annulled on the grounds of being voidable if the following occurred:
- One party was a minor at the time of the marriage and parental consent was not obtained. While the legal age of marriage in Nevada is 18, 17-year-olds can get married if they obtain parental consent and if the age gap between the spouses is no more than 3 years.
- One of the spouses had no mental capacity to understand the implications of the marriage due to mental disability, insanity, or any other mental-related issues. A person with a mental disability cannot give consent, and the marriage can be annulled due to lack of consent.
- If one of the spouse's consent was obtained by fraudulent means such as lying about themselves or misrepresentation.
Other grounds on which a marriage can be annulled in Nevada include
- Undue influence
The courts will examine facts and evidence to decide whether there's a valid ground to annul the marriage. If the marriage is deemed valid, the next course of action is divorce.
How to Get a Marriage Annulled in Nevada
There's heavy paperwork involved in filing for an annulment in Nevada. The steps are as follows:
- Log in to the Nevada self-help portal to get the annulment forms
- Filing paperwork at the Nevada District Court either online, in-person, or via mail
- Have a third party serve your spouse with the annulment complaint within 120 days of the court filing
- Have the third party sign an affidavit stating that the service was complete
- File a default with the court if the defendant fails to respond to the annulment petition within 21 days
- A judge will grant an annulment hearing and annul the marriage
- File a decree of annulment for the judge to sign
- If the annulment is denied, you can file for an appeal or file for divorce
While it's important that both parties consent to the annulment, all the court requires to grant an annulment is evidence that the marriage is either void or voidable.
What Happens After an Annulment in Nevada?
After an annulment in Nevada, both spouses can go on about their lives as though they were never together except for two instances:
- If there's a child involved: In this case, the court may mandate child support payments and decide on custody
- Property division: This is rare in annulled marriages but occurs in some cases, such as if both spouses got into the marriage in good faith or if one party is deemed to have suffered in the marriage
What Is the Cost of an Annulment in Nevada?
There are two fees applicable for annulment petitions; legal fees and court fees. Hiring a lawyer to handle your Nevada annulment may cost you between $500-$800, depending on whether it's a one-signature or two-signature annulment. The court fees for an annulment range between $300-$350.
How to File for Marriage Annulment in Nevada through DoNotPay
Getting an annulment is a very long and exhausting process that involves a ton of paperwork. Going through all the required protocols on your own is not ideal, and most people prefer to hire a lawyer to file the paperwork on their behalf.
With DoNotPay, you don't need a legal assistant or move from one judicial office to another filing paperwork. We take all that hassle away from you by first helping you determine if your marriage is eligible for annulment and flailing all the paperwork on your behalf.
Here's how it works:
- Search for Annulment on the DoNotPay website.
- Kick off the process to see if your marriage is eligible for an annulment.
- Answer some specific questions about your marriage and see if your state law allows for an annulment.
And just like that, DoNotPay takes you one step closer to your freedom so you can reclaim your life once again!
DoNotPay Also Works Across All States
DoNotPay can help with annulment by each state. Here’s a quick guide for easy reference:
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Helping you figure out your Nevada annulment is just one of the many services DoNotPay can help you with. We work with all companies, public and private, to help you get fast and easy access to any and all services, including
- Birth certificate application
- Marriage certificate application
- Applying for naturalization and citizenship certificates
- Filing for divorce settlement and agreement
- Applying for a divorce certificate
- Applying for child travel consent forms
- File police reports
Whatever your needs are, DoNotPay is here to help. All you have to do is sign up to get started.