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Requirements for Marriage Annulments
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The following information is a general overview provided as a courtesy to our website visitors. The Abrams Law Firm does not handle Marriage Annulment matters.
A Marriage Annulment is a cancellation of the marriage. It can be an alternative to divorce under certain circumstances. The main jurisdictional requirements to obtain a Marriage Annulment in Nevada are:
Grounds for Marriage Annulments
- You were married in the State of Nevada or; you or your spouse must be a full time resident of Nevada for at least 6 weeks.
- There are no minor children, the wife is not expecting a child, and there are no property issues involved.
Unlike a divorce which is "no fault" in Nevada, you must have "Grounds" for the Marriage Annulment. Grounds are a valid legal reason for the Annulment. The following is a partial listing:
Marriage Annulment Types
- Inability to Consent - If either party was intoxicated when the marriage took place.
- Lack of Understanding - If you rushed into the marriage without discussing important issues such as children, living arrangements, religious issues, financial considerations, etc.
- Fraud - If the consent to marry was given under a false representation of having children together, sharing religious beliefs, immigration issues, living arrangements, financial support, etc.
There are three general categories of Marriage Annulment proceedings: Uncontested, Contested, and By Publication.
Uncontested Marriage Annulments
are those cases where you and your spouse both agree on the grounds for the Annulment. An Uncontested Marriage Annulment is the fastest and least expensive way to get an Annulment.
In order to accomplish this, the parties must agree to the terms and recognize the benefits of settlement as opposed to litigation. Both parties must be willing to sign the Marriage Annulment documents based on the agreed upon grounds for the Annulment.
Contested Marriage Annulments
are those where both spouses cannot come to an agreement on all issues. Contested Marriage Annulments are similar to Contested Divorces, except that many Contested Annulment cases cannot be negotiated and end up going to Trial. Contested Marriage Annulments typically involve the filing of a Summons and Complaint. The next step is serving the Annulment documents upon your spouse. Contested Marriage Annulment cases take anywhere from approximately 6 weeks, to over a year to resolve. The number and complexity of the issues will play a critical factor in how long your case will take.
Service By Publication
is used when one spouse's current whereabouts are unknown. Individuals that do not know the current whereabouts of their spouse may still qualify for a Marriage Annulment, however, the proceedings will require a Service by Publication.
This means that you must first attempt to find your spouse and attempt to serve them with the Annulment documents at their last known address, even if it is out-of-state or international. If that fails, the judge will most likely order Service by Publication. This publication must be run for 5 consecutive weeks. If your spouse does not respond to the notice (which is often the case), you may then be able to obtain a default judgment.
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