What is an annulment?
It is a finding by the court that your marriage was void or voidable. Unlike divorces, Nevada will always have jurisdiction to annul marriages that occurred here.
The marriage is void, meaning it is no longer valid without any decree of divorce or annulment or other legal proceedings, if:
- Consanguinity between the parties (close blood relation)
- Either of the parties having a former husband or wife then living (bigamy)
A court order is necessary to void a marriage on the following grounds:
- Lack of consent for a minor’s marriage, unless he/she continues to live with spouse after 18th birthday
- Lack of understanding (an insane person/intoxicated, etc.), unless the insane party becomes sane and continues to live with spouse.
- Fraud, unless the parties continue to live together after fraud was discovered
What should I do if I think my marriage is void or voidable?
It is a good idea to seek the annulment even if the statute states that you do not have to (such as the marriage was void). You may file for the annulment even if you have children together (likely to happen in case of bigamy where the first marriage’s divorce was not finalized when the second marriage was entered into). You may also plead for a divorce, in the alternative, if the court finds that your marriage was valid.
Besides an order that my marriage no longer exists, what else can the court address in an annulment case?
The court can issue orders regarding community property and community debt division, spousal support, child custody, visitation, and child support. The Court can address all issues that could/would have arisen out of the divorce case, but the only difference is at the end of the case, the marriage is annulled (treated as if it had never happened), not dissolved.
NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.