Can I File an Annulment in Nevada?

Published On: 24 January, 2022

You can file an annulment in Nevada if you got married in Nevada or if you live in Nevada. Divorce attorney Rock Rocheleau explains in this video that there are certain rules for an annulment and you have to prove that there are grounds for the annulment.

File an annulment in Nevada

You can file an annulment in Nevada if you got married in Nevada and you live in Nevada, or you live in Nevada. But an annulment is different from a divorce. Anybody can ask for a divorce, and then the court’s going to separate their assets and debts. They don’t really have to explain why they want a divorce. They can just say, “We’re not in love” or irreconcilable differences.

An annulment, you actually have to prove. You have to show the judge that, for some reason, this marriage shouldn’t have happened. Maybe it should be void. The typical situation that you hear all the time is that he was married, and so if he was married, then he couldn’t get married to you. And so that should be annulled because it’s void.

Other reasons are maybe we didn’t understand what we were doing. We were intoxicated. We flew to Vegas. We live in Florida. We flew to Vegas, got the drunk wedding with Elvis, and then we never saw each other again. That’s good grounds for an annulment.

You could have a misunderstanding. I thought that we were going to get married and we were all going to fly back to Austin, Texas, and live there. And she never wanted to leave Las Vegas. She wanted to stay here. And so that would be a misunderstanding of where we thought we were going to live.

Another thing you get sometimes is a misunderstanding of whether we want to be a certain religion or we want to have a certain number of children. Maybe the spouse, the wife, thought they were going to have children. The husband thought they were never going to have children. So you can get an annulment for that.

The bottom line is you need to have a reason for the annulment. You need to have grounds for an annulment that our courts accept. And usually, that’s something like lack of capacity, being intoxicated, misunderstanding, or fraud, where maybe they were trying to get married for a green card and really didn’t want to live as husband and wife. But you have to have grounds for an annulment.

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