Marriage is a massive step in a person’s life. You pick the person you plan to spend the rest of your life with and hope for the best. But, there are times when we realize that we made the wrong choice early on.
In those cases, you may try to seek an annulment. In a divorce, the marriage ends, but you were still married in the eyes of the law. But, an annulment makes it as if the marriage never happened. Annulments are good if the marriage is still young. But a longer-term marriage may require that you go through the divorce process.
What follows is a checklist to help you prepare for your possible annulment.
You can learn:
- if you qualify for an annulment,
- what documentation you will need to have,
- and what the annulment process includes.
What is the Difference Between an Annulment and a Divorce?
While Las Vegas annulments and divorces end a marriage, they are slightly different. In the case of a divorce, it ends the union in the eyes of the state. With an annulment, it is as if the marriage never happened.
Annulments also allow for both parties to avoid the stigma of a divorce. While a divorce can signify that marriage failed, an annulment means it was never valid.
In the eyes of the law, an annulled marriage was never valid. The state recognizes the marriage until the annulment. At that point, the state acknowledges that the wedding should not have happened.
What are Grounds for Annulment in Nevada?
Several situations can allow for an annulment in Nevada. If any of these criteria apply to you, you may qualify for an annulment.
- Lack of parental or guardian consent if required by state law
- Lack of understanding or insanity by either you or your spouse
- Fraud, lies, or coercion by either your or your spouse that induced marriage
- The marriage gets deemed illegal due to close relations.
- You or your partner were married to someone else at the time.
If you have questions about your situation, a skilled divorce attorney can help. An attorney is beneficial if your spouse wants to fight the annulment filing.
Requirements for Annulment in Nevada
Even if your marriage has grounds for an annulment, there are still some requirements. Like other states, Nevada has specific criteria for a marriage to get annulled in that state. Your state may be different, so check the laws.
Your marriage must meet at least one of these criteria:
- The wedding took place in Nevada
- You or your spouse have lived in Nevada for at least six weeks.
- You are a military member, with Nevada as your state of record.
If you have the grounds and requirements for an annulment, you can proceed with the process. If not, then you may need to seek a divorce. Your attorney can help you determine if you meet both grounds and requirements.
The Annulment Process
The process for annulment in Nevada is very straightforward and not complicated. Still, it is a good idea to have an attorney to ensure that you do not miss anything that could cause a delay in the process.
- Establish grounds and requirements for your annulment in Nevada
- File an official Complaint of Annulment with the court
- The court will then process the Complaint and send a copy to your spouse. Note that it will take longer to resolve if your spouse contests the annulment.
- The court will then decide to grant the annulment. If they give the annulment, the court will sign an official Decree of Annulment.
While this seems like a simple process, you need the help of a reasonable divorce attorney to help you. An annulment takes between 2-8 weeks as long as there are no complications.
Do You Need an Attorney?
A skilled family law attorney can help you determine if an annulment or divorce is your best step. An annulment seems like a simple process, but there are details that an attorney can help you to navigate. They can help you file the correct paperwork to ensure a speedy resolution to your annulment.
The dissolution of a marriage is never a fun experience. An annulment allows you to move on to a better future. By taking steps to make sure you know what to do and expect in the process, you can make it go smooth as possible.
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