How to Get a Marriage Annulment in Nevada
An annulment in Nevada is one way of separating from a spouse. It dissolves the marriage, so it effectively never happened. There are specific requirements a couple must meet to obtain one. It sounds simple in theory, but it can get complicated and often requires the help of a family law lawyer.
You need to meet two different criteria for the state to grant an annulment. There must be grounds for annulment, and you must also meet the qualification requirements. These cases can get complicated which is why we recommend contacting an experienced Las Vegas divorce lawyer near you to help you through the process.
What is Annulment?
An annulment is a dissolution of the marriage based on the grounds that the marriage should never have taken place.
It differs from a divorce or legal separation in that the marriage essentially never occurred. Divorce ends a marriage, whereas an annulment voids it.
In previous generations, people preferred annulment to divorce because it came without stigma.
Grounds for Annulment in Nevada
There are several valid grounds for annulment in Nevada. The marriage must be declared void or voidable based on specific legal reasons. One of these must be valid to pursue the action.
- You/your spouse were not fully aware of what was happening during the marriage ceremony
- The marriage license is invalid
- If the spouses are close blood relatives
- Fraud or some type of misrepresentation was involved in the marriage
- You/your spouse did not intend to get married
- You or your spouse were married to someone else at the time of the marriage ceremony
Occasionally, the state adds additional grounds for annulment. If you would rather have an annulment than a divorce or uncontested divorce, it may be smart to contact a family law lawyer to see if there are any other grounds available.
Annulment Requirements in Nevada
If you have grounds for annulment, then one of the following factors must also apply to your situation.
- The marriage took place in Nevada.
- You or your spouse has lived in Nevada for at least 6 weeks
- You are a member of the military, with Nevada being your state of record
Remember, you must have both requirements and grounds for annulment in Nevada. Otherwise, you may have to seek a divorce.
The Annulment Process in Nevada
The annulment process is relatively straightforward. When a couple has grounds for annulment in Nevada, the process goes through the followings steps.
- Establish grounds and requirements for annulment in Nevada
- File a Complaint for Annulment with the court.
- The court processes the Complaint for annulment and serves it to the other spouse. (If the other spouse contests the annulment, the case may take longer to resolve.)
- The court decides whether to grant the annulment. If granted, the court will sign a final Decree of Annulment.
On paper, this seems like a simple process, with few steps. It can be more complicated in practice, however. Working with a divorce lawyer can ensure you are able to get an annulment for ending your marriage.
Annulment Papers
To do the annulment yourself, you can get the annulment paperwork from the Clark County self-help website.
Make sure to carefully read the instructions and strictly adhere to what they tell you. If you are having trouble with the language or how to answer some of the questions, contacting an attorney can help.
Annulment vs. Divorce
An annulment and a divorce are slightly different. A divorce ends the marriage in the eyes of the government. An annulment means the marriage never existed.
Some people feel there is a stigma attached to divorce. An annulment is a way to avoid that because instead of the world seeing your marriage as over, an annulment says it should never have happened in the first place. This can absolve either party of guilt in many minds.
Yet the primary difference in the eyes of the law is that marriages which qualify for annulment are not valid marriages. The government recognizes the marriage until annulment, but there is something that should have prevented the couple from getting married.
How Much Does a Nevada Annulment Cost?
Annulment Costs in Nevada
The cost of obtaining an annulment in Nevada can vary significantly based on the complexity of the case and whether both parties are in agreement. If both parties sign the petition and there are no disputes, the process is simpler and more affordable (similar to a No Fee Divorce). However, if one party does not participate or the case involves additional steps like service of process, the costs can rise. In general, you can expect to pay anywhere from $400 to over $1,000, depending on the specifics of your case.
Cost Breakdown
Lower Cost (Joint Petition/Both Parties Sign)
- Attorney Fees: $499–$599 (plus court costs)
- Court Filing Fee: $269–$325 (Clark County charges $269)
Higher Cost (Complaint/Spouse Does Not Sign)
- Attorney Fees: $500+
- Court Filing Fee: ~$325
- Service of Process Fee: ~$100 (if served in person)
- Additional Service Costs:
- Due diligence search and publication: $125–$200 (if the spouse cannot be located)
Other Potential Costs
- Witness Affidavit: $125 (if required to prove residency)
- Publication Costs: Minimum $200 (if publication is necessary)
- Personal Service Fees (Out-of-State): ~$160
- e-Filing Fee: ~$3.50 (if using online filing system)
Additional Considerations
- Hiring a Service: Some services charge flat fees, typically around $500, in addition to court costs.
- Fee Waiver: If you cannot afford the filing fees, you may apply for a fee waiver by submitting the appropriate forms to the court.
- Legal Advice: The cost estimates above do not include legal representation, which may increase total costs depending on the complexity of your case.
Annulment FAQs
These are the most common questions from clients looking for an annulment in Nevada.
How long does an annulment take?
There are one-signature annulments and two-signature annulments.
When both spouses sign the annulment, the process becomes much faster. For two-signature annulments, the wait is between one and three weeks. Even then, it mostly depends on how busy the courts are.
For a one-signature annulment, the process takes 8 to 12 weeks.
What about an annulment of a marriage with children?
Either the spouses or the courts will need to determine child support and child custody. Even though the marriage (legally) never took place after the completion of the annulment, the children are still legitimate.
What if I don’t meet the requirements for an annulment?
If you have no grounds for annulment (or in the case of a minor marrying, too much time has passed), then your only other option is to seek a divorce.
Talking to a divorce lawyer can help predetermine whether your grounds and reasoning for an annulment will stand up in court.
Do I have to have a lawyer for an annulment?
Like divorce, you are not strictly required to get the help of a divorce lawyer for an annulment.
Annulments can be complicated if you and your spouse have been married for some time. From child support issues to making sure the asset division is fair, an attorney can make things easier.
Can my spouse contest the annulment?
Contested annulments exist, but they’re rare. Most spouses either sign the annulment or do not sign at all and the court grants the annulment by default.
If one spouse contests the annulment, then both spouses must present their evidence in court. The evidence is proof that situation meets the grounds and requirements. A judge will make the final decision on whether to grant the annulment.
Can the wife change her name back after the annulment?
When you have a marriage annulled, the marriage never happened in the first place. At least, it never happened in the eyes of the law.
The wife may change her name back to her maiden name as part of the annulment. The husband may not perform a name change until the court finalizes the annulment.
Is it easy to get an annulment in Nevada?
It is not easy to get an annulment as Nevada has strict legal requirements for annulments. While Nevada allows a person to file for divorce as long as they are residents of Nevada and state that they are no longer compatible.
How long is the annulment period in Nevada?
There is generally no time limit to file for a marriage annulment in Nevada, particularly for void marriages (like bigamy or incest) that are considered invalid from the start. However, for other grounds, like voidable marriages, there may be implied timeframes or the court may consider the length of time the marriage lasted or the time since the fraud was discovered. It is recommended to file for an annulment as soon as possible to increase the chances of success.
Contact an Experienced Nevada Annulment Lawyer
Any questions on getting an annulment in Nevada that we didn’t answer? Give us a call at (702) 914-0400 today.
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