Top Las Vegas Divorce Lawyers
Jurisdiction Issues for Marriage Annulments
The top Las Vegas divorce lawyers know that an annulment is a legal procedure that "cancels" a marriage. In the eyes of the law, an annulment means that the marriage never technically happened or was never legally valid. Under certain conditions, an annulment can be an alternative to divorce. Marriage Annulments in Nevada require the following jurisdictional conditions:
Marriage Annulment Grounds
- There are no children or expected children and no issues regarding property.
- You were married in the State of Nevada, or, either you, or your spouse, have been full time residents of Nevada for at least the last 6 weeks.
While divorce in Nevada is considered "no fault", Marriage Annulments require "grounds" (valid legal reasons) for the annulment. Here are a few of the valid legal reasons accepted as "grounds" for an annulment:
Types of Marriage Annulments
- Fraud - Marriage consent was provided under false pretenses, including misrepresentations of shared religious beliefs, immigration status, living arrangements, desire to have children, etc.
- Inability to Consent - If you or your spouse were under the influence of drugs or alcohol at the time of the marriage.
- Lack of Understanding - If your marriage took place before you and your spouse had the chance to discuss and agree on important issues such as living arrangements, religious beliefs, financial responsibilities, approach to child rearing, etc.
There are three types of Marriage Annulments: Contested, Uncontested, and By Publication. You should consult one of the top Las Vegas divorce lawyers
to determine which type is right for your circumstances.
A Contested Marriage Annulment is when you and your spouse are unable to agree on all issues related to your annulment. Contested Divorces and Contested Marriage Annulments share many traits with the exception that Contested Annulment cases rarely have room for negotiation and can end up in trial. You start a Contested Marriage Annulment by filing a Summons and Complaint. Your spouse will then be served with the Annulment documents. Your Contested Annulment case may be resolved in a few months to over a year. The length of your case will depend on the number and complexity of the unresolved issues between you and your spouse.
When both spouses agree on all issues and grounds for the annulment, it's known as an Uncontested Marriage Annulment. Uncontested Marriage Annulments provide the benefit of being faster and less costly than Contested Marriage Annulments. For an Uncontested Marriage Annulment to be resolved, both spouses must understand the value of a settlement vs. litigation and must agree to the terms of the settlement. Marriage Annulment documents will be created and will include a mutually agreeable definition of the grounds for the annulment. You and your spouse must be willing to sign these documents.
A Service by Publication annulment is a type of annulment that's utilized when the whereabouts of one spouse is unknown. You may be eligible for a Marriage Annulment even if you do not know your spouse's current location. A Service by Publication will be required as part of the proceedings in this type of annulment.
You are first required to make an earnest effort to serve the Annulment documents to your spouse using their last known address, even if it's out-of-state or out of the country. The judge in your case is likely to order Service by Publication if your good faith efforts to serve your spouse have failed. The publication must be available for five continuous weeks. You may petition for a default judgment if the publication does not generate a response from your spouse, which is most often the case.
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