Understanding Marriage Annulment in Nevada

Annulment in Nevada refers to the legal procedure for nullifying a marriage that was not validly entered into. Such marriages are annulled for reasons like bigamy, incest, and mental or physical incapacitation. The state annuls such marriages and treats them as if they never legally existed.

In Nevada, a divorce is not the same as an annulment of a marriage. The former is the dissolution of legally recognized unions. With an annulment, the Nevada marriage record becomes invalid. Couples may seek divorce for almost any reason, including irreconcilable differences or domestic abuse. However, you must have a legally backed reason to seek annulment. In terms of outcome, annulment restores the couple’s original status before the marriage event, while divorced parties are legally referred to as “divorcees”. Couples in an annulled marriage are often ineligible for any form of spousal support, while divorced parties can access these rights after the divorce.

Grounds for Annulment in Nevada

Per NRS 125.290, a marriage is automatically void and does not require a court decree for annulment if:

• The parties are related by blood.
• Either of the parties was still legally married as of the time of the marriage event.

However, you need a court decree for annulment if:

• Either of the parties was mentally incapable of consenting to the marriage union.
• Either party was under 18 years of age and did not obtain the consent of a parent or guardian.
• One of the parties used fraud to obtain the consent of the other.

Eligibility Requirements for an Annulment in Nevada

Individuals filing for annulment in Nevada must meet specific requirements, including residency requirements and filing deadlines. In terms of the filing deadline, you are typically eligible for annulment at any time after the marriage event. You may, however, lose your legal right to annulment under these conditions:

• You were underage at the time of marriage, but remained in the union after attaining the legal age.
• You were mentally incapacitated at the time of marriage, but remained in the marriage after regaining your sanity.

Nevada does not impose a residency requirement if the marriage event occurred within the state. That means you can file for annulment in any of the state’s local district courts. For marriages that occurred outside the state, you must be a resident for at least six weeks in the county where you want to file for annulment.

Residents are automatically eligible for annulment if the couple is closely related or if either party committed bigamy. In such instances, the couples do not need a court decree to declare annulment.

How to Get a Marriage Annulled in Nevada

Eligible parties may get a marriage annulled by following these procedures:

1. Verify that you meet the legal requirement for annulment: Nevada Revised Statutes outlines legal grounds for obtaining an annulment. These reasons include bigamy offenses and underage marriage without the consent of a guardian or parent. If unsure about your eligibility, you may contact the local district court or clerk’s office for more information.
2. Gather the necessary documents: The Nevada Self-Help website provides a list of required documents for annulment filing. The required documents include the following:
   • Family Cover Sheet
   • Summons
   • Complaints for Annulment (no kids)
   • Complaints for Annulment (kids)
3. File the papers: Local district court clerks may allow e-filing or offline filing of marriage annulment. The e-filing option is mostly available via the court’s website. In contrast, you may file the documents in person by visiting the district court in your county during business hours. For example, Nye County residents may file the required forms at:
   Fifth Judicial District Court
   1520 East Basin Avenue
   #105
   Pahrump, NV 89060
   Phone: (775) 751-7040
   Fax: (775) 751-4218
4. Pay the filing fee: Petitioners are typically required to pay a filing fee when submitting the required documents. Nevada does not impose a specific filing fee, so petitioners may contact their local district court for more information. The district courts may impose different fees. With that being said, petitioners may apply for fee waivers by filling out the required forms. The state’s self-help website maintains the required fee waiver forms.
5. Serve the defendant: In Nevada, it is the petitioner’s or plaintiff’s duty to serve the defendant after filing for annulment. You are typically required to serve a copy of the summons and complaints to the defendant.
6. The court conducts a hearing: The court may schedule a hearing date to review the complaints and response to the summons. If the reasons are valid, the court may grant a decree of annulment to nullify the marriage.

Required Forms and Documentation for an Annulment in Nevada

Petitioners or plaintiffs are generally required to provide the following documents when filing for annulment:

• Family Cover Sheet: the form requires basic and personal information about the case parties and their offspring (if present).
• Summons: The form notifies the defendant that the plaintiff has filed for annulment.
• Complaint for Annulment (no kids): This fillable document describes the reasons for filing a marriage annulment. You may file a complaint for annulment (kids) if their union resulted in children.

Besides these main documents, you might need to provide supporting documents like proof of fraud and incapacity. The required supporting document may depend on your unique circumstances. Petitioners may provide a marriage certificate or wedding photograph if filing for annulment on the basis of bigamy.

Where to File for an Annulment in Nevada

You may file for annulment at a local district court in Nevada. For marriages solemnized in Nevada, you are eligible to file for annulment at any of the state’s district courts. If the marriage occurred outside the state, you must be a resident for at least six weeks prior to filing for annulment at a local district court.

The district courts may allow online or offline filing of annulment documents. Contact your local district court to determine the available filing options.

Note that the courts may charge fees before accepting the documents. You may, however, apply for a fee waiver.

Annulment Timelines and Waiting Periods in Nevada

There is no deadline or waiting period for filing a marriage annulment in Nevada. Nevertheless, petitioners may lose their grounds for filing an annulment under these conditions:

• They were mentally incapacitated at the time of marriage, but remained in the marriage after regaining sanity.
• They were underage at the time of marriage but remained in the union after attaining the legal age.

Annulment court cases are generally faster than divorce cases, since there are often no complications around property division or spousal support. However, factors like missing paperwork and court backlog may delay the court process.

Costs and Court Fees for an Annulment in Nevada

There is no state-specific filing fee required for filing for an annulment in Nevada. The local district court is responsible for setting the fees. So, the filing fees may vary for each district court. For instance, the Nye County district court charges a $274 filing fee.

Petitioners may also rack up expenses in the form of service costs and attorney fees. However, they may seek relief by filing for fee waivers and by representing themselves in court.

After the Annulment: What Happens Next?

After an annulment, a marriage ceases to exist. The state will restore concerned parties to their original status before the marriage occurred. Nevertheless, records of annulled marriages are still publicly available. Petitioners may petition the court to seal the record by citing valid reasons. With that being said, there is often no property division or spousal support after a marriage annulment. The couples retain properties acquired before the marriage occurred. There is, however, an exception when the marriage resulted in children. The court may impose child payment and custody arrangements in such instances.