Getting a divorce is not the only option when a marriage doesn’t work out. In some cases, couples may be eligible for an annulment. Annulment is a legal process that declares a marriage null and void, as if it never happened. Nevada is one of the states that allows for annulment under certain circumstances.
Grounds for Annulment in Nevada
Nevada law provides several specific grounds for annulment. These grounds include:
1. Lack of Consent
If one or both parties were unable to give their consent to the marriage due to mental incapacity, intoxication, or fraud, the marriage may be annulled.
2. Bigamy or Polygamy
If one party was already married to someone else at the time of the marriage, the marriage is considered void and can be annulled.
3. Incest
If the parties are closely related by blood, their marriage is considered void and can be annulled.
4. Underage Marriage
If one or both parties were underage at the time of the marriage and did not have parental consent, the marriage may be annulled.
The Annulment Process
To initiate the annulment process in Nevada, one or both parties must file a Petition for Annulment with the appropriate court. The petition must include the grounds for annulment and any supporting evidence.
After filing the petition, the court will schedule a hearing where both parties have the opportunity to present their case. If the court determines that the grounds for annulment are met, it will issue a decree of annulment.
Effects of Annulment
When a marriage is annulled, it is as if the marriage never existed. This means that both parties revert to their single status and any property or debts acquired during the marriage are typically divided as if the marriage never occurred.
Unlike a divorce, annulment does not entitle either party to spousal support or alimony. However, child custody, visitation, and child support may still need to be addressed if there are children from the marriage.
Conclusion
Annulment in Nevada is a legal process that declares a marriage null and void. The state provides specific grounds for annulment, including lack of consent, bigamy or polygamy, incest, and underage marriage. The annulment process involves filing a petition, presenting evidence, and attending a hearing. Once annulled, the marriage is considered to have never existed. It is important to consult with a qualified family law attorney to understand your rights and options regarding annulment in Nevada.