Annulment in Nevada

Divorce Papers » Annulment in Nevada

A Nevada annulment dissolves the marriage as if it never occurred and the couple returns to their pre-marital status. The marriage becomes non-existent in the eye of the law; only you have to change the records accordingly.

Eligibility for Nevada Annulment:

Not every couple is eligible to get an annulment in Nevada state. There are some eligibility criteria necessary for a couple to get an annulment in the state of Nevada. These criteria are as follows:

  • Both the husband and the wife must be the residents of the state of Nevada or at least one of them resides in the state for at least six weeks in the state of Nevada.
  • They must establish a residency by moving to the state for at least six weeks before the date of filing the petition.
  • One of the spouses serves in the military and is posted at Nevada. However, one needs to submit the copy of the LES which has the state of residence listed on it. This copy can be acquired from the commanding officer.

Establishing the residency in the State of Nevada:

If the couple did not marry in Nevada and neither are they the residents of the state, they need to establish the residency in the state in order to be able to file for an annulment. For establishing the residency requirement, the couple must reside in the state for at least six months before the date of filing for the annulment.

They need to produce a witness in front of the court who signs the "Resident Witness Affidavit" which states that the couple are the residents of the state of Nevada before the specific date on which the petition is filed. This witness could be anyone like a relative, friend, colleague, co-worker or the neighbor where the couple has been staying.

Categories of the Grounds for Nevada Annulment:

There are three categories on which the annulment in Nevada is based. Theses categories are defined by the statute of Nevada. These grounds are based on the three categories as mentioned in detail below:

  1. Invalid Marriage - Invalid marriage implies that the marriage that was conducted was invalid, important factors of a valid marriage were amiss and thus the marriage cannot be considered as valid and has to be annulled.

  2. Inebriated State - If one of the spouses or both of them are drunk or under the influence of drugs and totally in an inebriated condition, the marriage lacks free consent and thus is termed as an invalid marriage. Free consent is one of the major factors rendering a marriage valid.

  3. Fraud - At least one of the spouses is lured into the marital bond by resorting to fraud such as concealment of mental illness, impotency, lying about the status and income etc. Such marriage cannot be termed as valid as it violates the main testament of the marriage - honesty.

Grounds for Nevada Annulment:

Let's have a detailed look at the grounds for Nevada annulment according to the categories as defined by the statute of Nevada. These grounds are as follows:

  1. Invalid Marriage - These marriages are "ab initio", that is, they were void right from the beginning. There are three types of invalid marriages. These are as follows:
    • Incestuous Marriage - A marriage between two people of half or full blood relationship is considered as incestuous whether the relationship is legitimate or illegitimate. Such a marriage is considered as invalid from the beginning and thus null and void.

    • Bigamous Marriage - In an instance where one of the spouses is married to a person who is still alive and the divorce decree has not been granted to them. In this case one is not allowed to go for another marriage. Such a marriage is considered as bigamy and it is illegal in the USA. It seriously undermines the vow of faithfulness and thus has to be annulled.

    • Underage Marriage - If either of the spouses is under the legal age of marriage which is 18 for Nevada, the marriage is considered as invalid and it has to be annulled. It lacks the maturity needed to enter a bond which is full of responsibilities and which has to be cherished "till death do us part".

  2. Inebriated State - In Nevada with a place like Las Vegas, inebriated state marriages are a common occurrence. The examples are as follows:
    • Being Under the Influence - If the couple was under the influence of drugs, alcohol or any other medication while getting married, such a marriage is voidable and can be annulled on the grounds that it lacked the free consent of the partners.

    • Mental Instability - Mental instability is a condition which cannot be clinically diagnosed as it is not permanent or does not have violent outbursts which seriously threaten the surroundings. However, the person with the mental instability lacks the maturity and the patience necessary for working on the relationship like marriage and thus can be considered voidable and annulled on the same basis.

    • Insanity - If a person is clinically diagnosed as having a permanent or temporary insanity, the marriage can be annulled on the basis that he / she seriously endangers the well-being of the spouse as well as the children. Besides, they won't be able to provide for the household expenses and other expenses necessary.

  3. Fraud - The concealment of the following facts from the spouse at the time of getting married, constitutes the fraud and the marriage can be annulled on the grounds of dishonesty and fraud.
    • Terminal Illness such as cancer or other life-threatening condition.
    • Impotency - inability to consummate the marriage due to impotency, wavered sexual orientation, sadomasochism etc.
    • Incarceration due to the conviction of felony, imprisonment, etc.
    • Responsibilities of a Previous Marriage such as children, support payments, etc.

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