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Divorce
Info by State or Country
Nevada Annulment
Is
there a residency requirement?
If the parties were married in Nevada there is no residency requirement.
Otherwise, the state requires a six weeks residency period. If you
are claiming Nevada residency, and were not married in Nevada, you
must provide a witness who lives in Nevada who can testify from
his or her personal knowledge that you have lived in Nevada for
at least six weeks. What
is the difference between an annulment and a divorce?
An annulment dissolves the marriage as though
it never occurred and voids the marriage. A divorce just dissolves
the marriage.
My
spouse will not agree or can't be found, what are my options? You
can begin a Complaint process, but there may be a less likely chance that the annulment be approved by the Judge with only one party signing.
What are the grounds for annulment? Grounds
for annulment include:
- A marriage that was void at the time performed (such as blood
relatives, bigamy),
- A marriage that lacked consent (such as intoxication, insanity,
underage),
- A marriage based on some kind of fraud. Fraud generally involves
one party misrepresenting some material fact to the other party,
and that other party having relied on that misrepresentation as
a basis for the marriage. To file an action based on fraud, you
must have immediately separated from your spouse as soon as you
learned of the fraud. NRS 124.340. This is true for lack of consent
circumstances as well. You cannot cohabitate after discovery of
the fraud. The longer the marriage continued from the time consent
was possible or fraud was discovered, the less likely the court
will be to grant your request.
What paperwork will I need?
If you are not a Nevada resident, you will
need a copy of your marriage certificate. You may also need evidence
regarding your situation to prove your grounds for the annulment. How
long will the process take? After
the papers are filed with the court it normally takes 2 weeks
for the Judge's decision in an uncontested annulment. For a Complaint
for annulment if the other party is personally served it normally
takes 6 weeks to go to the Judge. Or if you need to publish in the
paper it normally takes about 3 months to go to the Judge.
How much will it cost?
For an uncontested annulment, when both parties sign it is $650, plus a filing fee of $169. For a complaint, when only one party
signs, if the other party is personally served it is $850. plus filing fee of $169. plus service to your spouse.
Can you guarantee that this will be granted? Yes, we are very selective in the cases we take so we
have over a 99.9% success rate.
Can we also divide property and/or debt?
Yes, but not with the annulment papers unless you are a resident
of Nevada. If you are not a resident of Nevada any other issues
such as property or debt could be handled in your state or we could
draft a Property Settlement Agreement for $50. Can the wife do a name change?
A name change is included in the paperwork at no extra charge. After
the case is completed the wife can take the final decree to social
security and the driver's license department for a change of name.
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