Annulment in Nevada
Under NRS 125.360, the Nevada district courts have the authority to annul marriages obtained within the State of Nevada. N.R.S. 125.360 provides that for the annulment of marriage contracted, performed or entered into within the State of Nevada there is no requirement of residence.
Instead, an annulment may be obtained by complaint, under oath, to any district court of the State of Nevada for any cause provided by law for the annulment of the marriage.
The attorneys at Mills, Mills & Anderson handle actions for annulment in the Eighth Judicial District Court, Family Court Division, in Las Vegas in Clark County, NV. We also represent clients in a wide variety of family law matters including divorce cases throughout the surrounding areas of Clark County including Henderson and North Las Vegas, NV. Call (702) 386-0030.
Common Issues in Annulment Actions in Nevada
Under NRS 125.290(2), an annulment proceeding is a proper manner to dissolve or void marriage and resolve other issues arising from the dissolution of the relationship. Under the principle of comity, “the courts of one jurisdiction may give effect to the laws and judicial decisions of another jurisdiction out of deference and respect.” Mianecki v. Second Judicial Dist. Court, 99 Nev. 93, 97-98 (1983).
In some cases, the parties will each file an action in a different county or a different state. So even if the Court has jurisdiction in Clark County, NV, the Court might still decide to defer jurisdiction to another court as a matter of comity. Id. at 98.
Nevada Law sets out several different statutory reasons for an annulment. The most common reasons include:
- fraud or misrepresentation;
- a lack of consent by a parent or guardian if one of the parties was under the age of 18;
- after the wedding one of the parties learned the other had been declared insane before the marriage;
- a want of understanding because of alcohol or drug intoxication or impairment;
- the marriage was void because the parties were related by blood;
- one of the parties was married to another person at the time of the second marriage.
The parties can seek an annulment if it is alleged that they married solely to obtain a green card of U.S. citizenship, to avoid deportation, or after concealing the fact that he would not fulfill a prenuptial promise to become a U.S. Citizen.
Annulment for Fraud
Most of these cases involve an allegation of fraud or misrepresentation concerning the parties sexual relationship with each other or another, character, honesty, health, addiction, or religion or financial circumstances.
To obtain an annulment for fraud under NRS 125.340(1), the petitioner must prove the fraud through clear and convincing evidence. NRS 125.340(1) provides that, “[i]f the consent of either party was obtained by fraud and fraud has been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.” Other grounds for an annulment include: want of understanding due to intoxication.
Putative Spouse Doctrine
In some cases, even if the marriage was void the court can still divide the parties’ property that would have been community property if the divorce was not void. Under Nevada law, the putative spouse doctrine gives legal effect to the parties' relationship. Under the putative spouse doctrine, the district court may divide the parties' property according to community property principles. See Williams v. Williams, 120 Nev. 559, 567-68 (2004).
N.R.S. 125.360 provides that for the annulment of marriage contracted, performed or entered into within the State of Nevada there is no requirement of residence. Instead, an annulment may be obtained by complaint, under oath, to any district court of the State of Nevada for any cause provided by law for annulment of marriage.
Additional Resources on Annulments
Catholic, Church or Ecclesiastical Annulment in Las Vegas - The parties might seek an annulment instead of a divorce for a variety of reasons. One of the most common reasons for seeking an annulment instead of a divorce is for religious reasons, particularly when no children were born during the marriage. In some cases, the parties will seek a civil annulment in court and an ecclesiastical annulment in the Catholic Church. An ecclesiastical, Catholic or church annulment differs from a civil divorce in that a divorce attempts to dissolve the marriage. A Catholic annulment often called the ecclesiastical or church annulment is a declaration by a competent Church Tribunal that a particular marriage was never a real and genuine union of the spouses from the beginning. In other words, it is a declaration by the church that there was never was a marriage in the true sense of the word.
NRS Chapter 125 Subsection 290-440 Visit the website of the Nevada Legislature to read the statutory provisions related to annulment including the difference between void and voidable marriages, causes for annulment, lack of consent of parent or guardian, want of understanding, or fraud. Find information on grounds for declaring the contract void in equity, the provision no waiting time periods and no requirement for residence, pleading a cause for annulment in a divorce complaint, and presumptions.
Finding an Annulment Attorney in Las Vegas, NV
Whether you need an annulment, divorce of dissolution of marriage in the district court of Clark County, NV, then contact an attorney at Mills, Mills & Anderson to discuss the unique facts and circumstances of your case today. Call us to talk about how to get an annulment. The parties can seek an annulment instead of a divorce for a variety of reasons including a fraud or misrepresentation discovered after the parties were married.
Under NRS 125.380 a cause of action for annulment may be pleaded in the alternative in same complaint with a cause of action for divorce.
The attorneys at Mills, Mills & Anderson handle actions for annulment and divorce in the Eighth Judicial District Court, Family Court Division, in Las Vegas in Clark County, NV.