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Nevada Divorce Insights is a forum where we discuss various aspects of the divorce and annulment process from the perspective of a paralegal with 20 years of experience filing with Nevada family courts.

Grounds
for
Annulment
in Nevada

There is no time limit to file for annulment. Annulments are only granted for the specific reasons listed below.

Anyone who asks the court for an annulment can use one of the following reasons for the annulment:

The Spouses Are Closely Related

Those who are close blood relatives are not allowed to marry. In Nevada, parties cannot be related any closer than second cousins or cousins of the half-blood to marry. If the spouses are related closer than that level, the marriage is considered "void," meaning, it was invalid from the start.

One Person Was Already Married

If one of the spouses was already married at the time the parties attempted to marry, then the parties were not free to legally marry. This kind of marriage is considered "void," meaning, it was invalid from the start.

Lack of Parental Consent

Usually, a person must be 18 or older to get married. Those under 18 can get married if they get the proper consents. Anyone between 16-18 must have at least one parent's consent to marry, and anyone under the age of 16 must have at least one parent's consent and a judge's consent to marry.

If a minor got married without these required consents, the marriage can be annulled. However, there are two limitations to this. First, the marriage cannot be annulled once the person reaches the age of 18 if the person is willingly living with the spouse as a married couple. Second, an annulment case based on these grounds must be filed within one year of the person turning 18.

Want of Understanding, Such as Intoxication

If one of the spouses did not understand what they were doing at the time of the marriage to the point they were incapable of agreeing to the marriage, the marriage may be annulled for "want of understanding."

A marriage can also be annulled if one of the spouses was insane at the time of the marriage but has now regained sanity. However, if the parties continue to willingly live together as a married couple after sanity was restored, the marriage cannot be annulled.

Fraud

If either of the spouses committed a fraud on the other to get them to agree to the marriage, the marriage may be annulled. A fraud generally means that one person intentionally lied about something they knew was important to the other person in order to convince the person to marry. The lie must be so serious that if the other person knew the truth, the other person would never have gone through with the marriage.

However, if the spouse learns about the fraud and continues to willingly live with the other spouse as a married couple, the marriage cannot be annulled.

ARTICLE  INDEX
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Grounds for Annulment in Nevada
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Differences Between Divorce & Annulment

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