The Annulment statutes are defined in Chapter 125 of the Nevada Revised Statutes.
An Annulment is where the Court legally determines that the marriage that was entered was either void as if the marriage was never legal (e.g. one Party was married to someone else at the time of the marriage) or voidable.
Almost all of the Annulment cases in Nevada are of the voidable variety. The most common types of a Annulment here is want of understanding (e.g. the person did not know what a marriage was or understand what was going on), fraud (e.g. someone was promised something such as children to enter into the marriage and but for the promise, the marriage would never have happened), lack of capacity (e.g. at least one of the Parties was intoxicated to the point that they have the requisite ability to agree to a marriage).
Annulment cases are very fact specific. Residency is not required in Annulment cases as very often people come to Las Vegas to get married and then for one reason or another, defenses to the validity of the marriage arise. For out-of-state Parties, the marriage must have taken place in Nevada for the Court here to exercise subject matter jurisdiction over the Annulment.
Every Annulment case is different. Just ask Britney Spears who had an Annulment granted in Clark County after only 55 hours of marriage a few years ago! Once the Court grants an Annulment, then the legal result is that the marriage was never legal and if the voided marriage was the Parties first marriage, then their marital status would legally be “never been married.”
Your case is very important to us. Many times, individuals will want an Annulment instead of a Divorce whereas the facts do not support such relief being granted by the Court. However, the experienced attorneys at Roberts Stoffel Family Law Group can prepare a two (2) count Complaint for both Annulment and Divorce or proceed directly with an Annulment Complaint if needed.
After a legal consultation with our office, our attorneys will tell you exactly where you stand and the best way to proceed to meet your needs.
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