Annulment Explained

Divorce vs. Annulment

Divorce and annulment are the only two legal options to end a marriage. The difference is an annulment legally declares a marriage null and void. In other words, after the marriage or domestic partnership is annulled it is legally erased as if it never happened, allowing both parties to return to their former marital status. When marriage is annulled, spouses are not subject to community property laws. People often prefer annulment over divorce, but individuals must meet specific criteria for a judge to consider the request.

About Nevada Annulment

Nevada reviews annulment requests for cases involving fraud, incompetence and lack of capacity. While these are the most common qualifications for annulment, their legal definitions are not as straightforward. For an annulment to be granted, a spouse must present proof of fraud, incompetence, or lack of capacity. Building a strong case from the beginning is essential.

 

Reno Family LAw Attorney

Attorney Mathew Work has handled many annulments in Northern Nevada. His greatest strength is representing his client’s case at trial. Contact our office today to schedule a consultation with Work Law Firm. Our office may be reached at (775) 386-2226.

Frequent Family Law Questions

What does Nevada family law cover? 

    Family law covers name changes, child relocation, divorces, annulments, adoptions, termination of parental rights, alimony, paternity custody, child support, and guardianship. 

Can I file for divorce in Nevada? 

    In order to file for divorce in Nevada, you must live in Nevada for at least six weeks and plan to remain in Nevada before filing for a divorce. 

What is legal custody?

Legal custody specifically addresses who is in charge of the decision making for a child. Example being, schooling, religion and medical decisions.

What is physical custody?

Physical custody address who the child may be with, what schedule the child is to follow and where the child spends their time at. 

What are rules for annulment in Nevada? 

    There is no time limit for annulment in Nevada.  The spouses are closely related to each other.  In the United States, you cannot marry anyone closer than your second cousin.  If one person was already married to someone else when your spouse married you.  If one spouse was under the age of 18 and did not obtain consent, One of the spouses was unable to consent to the marriage and was not able to understand what was going on or was insane at the time but has since regained sanity.   One of the spouses committed a fraud on the other in order for them to agree to the marriage.   

Nevada Divorce Laws

Divorce

In order to file for divorce in Nevada, you must live in Nevada for at least six weeks and plan to remain in Nevada before filing for a divorce.  If you are in the military or are a resident outside of Nevada you may still file for divorce as long as the defendant or spouse lives in Nevada. 

There are a few grounds for divorce, no-fault and at fault divorce.  A no-fault divorce is when the wife and husband have lived separated or apart for one year.  This does not include cohabitation which is separate but still living in the same house.  At the discretion of the court, an absolute decree of divorce may be granted.  An at-fault divorce is when one party was considered insane at least two years prior to the commitment of marriage.  Corroborating evidence must be presented to the court in order to proceed with an insanity plea.   

Alimony and child support are on a case to case basis on how much someone has to pay to the other party.  Child support can help pay for childcare, insurance, special needs education (e.g. speech or therapy needed to help benefit the child), transportation to visit the other parent and basic needs like food, clothing, and shelter.  Property and other assets may need to be divided.  All these issues must be resolved or agreed upon before a judge signs the Final Decree of Divorce and it is filed placed in the District Court Clerk’s office. A new marriage cannot take place until this is completed. 

Nevada Divorce Attorney

Divorces may include child custody, child support, alimony or spousal support.  Other items to consider when filing for divorce is the splitting up of property, finances and other investments.  Mathew Work, a Nevada lawyer, can help you file for divorce and help keep your best interests in mind. 

Annulment 

There is no time limit for annulment in Nevada.  If the spouses are closely related to each other this could be a reason to annul the marriage.  In the United States, you cannot marry anyone closer to you than your second cousin.  Should you find out that your spouse is already married to another person your marriage may not be legal or the other marriage is illegal.  A spouse that is under the age of 18 who did not get consent from either a parent and/or a judge an annulment could be granted.  One of the spouses was unable to consent to the marriage and was not able to understand what was going on or was insane at the time but has since regained sanity.   One of the spouses committed a fraud on the other in order for them to agree to the marriage.  These would be grounds for an annulment. 

Reno, NV Annulment Attorney

If you need legal help contact Mathew Work, a divorce and family law lawyer in Nevada.  Legal matters are complicated and they take time to navigate.  If you are served papers it is best to consult a lawyer before you sign them even if you might think you understand what is being said in the paperwork.