Answers To All Your Nevada Annulment Questions
What is an annulment?
An annulment dissolves the marriage as if it never took place. There are two types of annulment:
- An annulment “ab initio,” which means that the marriage is annulled from the very day on which the marriage took place. In other words, it’s as if you never married. This is the type of annulment most commonly filed and the kind of annulment you will be filing when using our services.
- A marriage can also be considered annulled from the time the annulment was granted, rather than from the time the marriage took place. This is not done very frequently.
What are the attorney's credentials and experience?
Las Vegas annulment Attorney James E. Smith has been practicing law in Nevada since 1985. He is licensed in Nevada and California and holds a BV rating (highest possible) with Martindale-Hubbell®, the authoritative resource for information on the worldwide legal profession. He has been representing clients in their annulments for the past 26+ years
Are there fees other than the attorney fees?
Yes, there are the court filing fees, as well as court administrative fees. The actual court fees change according to the type of case we are filing on your behalf. At the time of this writing (and this can change at any time), the filing fees and court costs to file a Joint petition annulment is $326. The filing fees and court costs for a Complaint/Answer annulment is $542. The filing fees and court costs for a one-signature annulment is $330. The attorney fees will be discussed with you before you retain us.
Do I have to be a Nevada resident to file an annulment in Nevada?
Provided you were married in Nevada, you do not have to be a Nevada resident to file a Nevada annulment (or a Las Vegas annulment – they are the same thing). If you were married outside Nevada, you will need to establish residency in Nevada before filing. You must live in Nevada for a minimum of six weeks to be considered a Nevada resident. But again, provided you were married in Nevada, there is no Nevada residency requirement.
What are grounds for a Las Vegas annulment?
NRS 125.290 Void marriages.
1. Consanguinity between the parties.
2. Either of the parties having a former husband or wife then living, if solemnized within this State, are void without any decree of divorce or annulment or other legal proceedings. A marriage void under this section shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160.
NRS 125.300 Voidable marriages: Causes for annulment.
A marriage may be annulled for any of the causes provided in NRS 125.320 to 125.350, inclusive.
NRS 125.320 Cause for annulment: Lack of consent of parent or guardian.
1. When the consent of the father, mother, guardian or district court, as required by NRS 122.020 or 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction.
2. If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriage contracted without the consent of the father, mother, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as husband and wife. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.
NRS 125.330 Cause for annulment: Want of understanding.
1. When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.
2. The marriage of any insane person shall not be adjudged void, after his restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind.
NRS 125.340 Cause for annulment: Fraud.
1. If 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.
2. No marriage may be annulled for fraud if the parties to the marriage voluntarily cohabit as husband and wife having received knowledge of such fraud.
NRS 125.350 Cause for annulment: Grounds for declaring contract void in equity.
A marriage may be annulled for any cause which is a ground for annulling or declaring void a contract in a court of equity.
Other reasons could also be valid under Nevada Statutes. The above are merely examples from actual annulment cases we have successfully handled for clients.
If you can prove fraud or misrepresentation to something that is important to the marriage, the reason could be considered valid. Contact Us and ask. We’ll reply promptly to your query.
Where in Nevada will my Nevada annulment case be filed?
We file your case in whichever venue is the most appropriate for your particular case. Some cases, such as joint petition annulments, cannot be filed in all venues.
My spouse won't sign the annulment documents. Can I still get a Nevada annulment?
If your spouse does not contest the annulment, you can still get your Nevada annulment by a Default process. If your spouse contests, it will be up to the judge whether or not to grant it, based on the evidence you both provide.
How long will it take for my Nevada annulment to be granted?
If both parties sign the Nevada annulment documents, it takes 1-3 weeks, on average, for the annulment to be granted. If only the Plaintiff signs the Nevada annulment documents, it takes 8-10 weeks when the Defendant can be served personally and about 18 weeks if the Defendant has to be served through a Publication process because he or she cannot be found.
Do I have to attend a hearing before my annulment will be granted?
In 98% of Nevada annulment cases, there is no hearing required before a Nevada annulment is granted. If yours should happen to be that rare case where a hearing is required, your judge is likely to allow you to appear at your hearing telephonically (over the phone). Of course, Mr. Smith, your attorney, will be present in the courtroom to represent you; and with 24 years of experience in filing annulments in Nevada, it’s highly likely that your annulment will be granted as a result of the hearing. Less than 1% of the cases we file are ever rejected or denied by the court.
Must Wife change her name back to her previous name as part of a Nevada annulment?
The wife must change her last name back to her previous last name if she changed it to Husband’s after the marriage. Since an annulment essentially voids the marriage from the time it was performed, it was as if the parties were never married, from a legal standpoint, therefore Wife cannot legally keep the Husband’s name.
How long after the marriage can an annulment be filed in Nevada?
There is no time limit on filing an annulment in the Nevada Statutes. However, judges do take the length of the marriage into consideration when deciding whether or not to grant a Nevada annulment. The longer the marriage, the more the valid reason is scrutinized by a judge.
What is the difference between a divorce and an annulment in Nevada?
An annulment dissolves AND voids the marriage as though it had never occurred. In a divorce, the marriage is dissolved from the time your divorce is granted and acknowledges that there was a legal relationship between the parties.
Can I file a joint petition annulment in Nevada?
Yes, in some venues. Clark County, Nevada (where Las Vegas is located) does not accept Joint Petition annulment filings at this time. If you have been married less than two years and the reason for your annulment is want of understanding (intoxication, for instance) or because either you or your spouse were already married at the time of the marriage you want to annul, you may file a Joint Petition annulment. It takes one to two weeks for a Joint Petition annulment to be granted once we have your signed documents in our possession.