This is my next article in a blog series about how to annul a marriage in Las Vegas, Nevada. In my last post, I discussed the process of obtaining an annulment. It involves filing a Complaint for Annulment with the Court, serving the responding party and having them answer, and attending a hearing. In this article, I will discuss the process of obtaining an annulment through default. This means the Court can move forward without the participation of the other person if, for example, the other party does not respond or has disappeared. If you are in need of assistance getting an annulment then contact my office to speak with an experienced family lawyer.
The process starts with filing a Complaint for Annulment with the Court. This document explains the basis for your request and sets the case in motion. Next, the Complaint for Annulment must be formally served to the spouse. This gives them notice of the case and an opportunity to respond. The Court can enter a default against them if they do not file an answer within twenty days after being served. The default process allows the filing party to obtain a legal annulment without the participation of the other spouse if they are unable to contact them or the other person refuses to participate. It is not uncommon for people to lose contact with spouses they are seeking annulment from, especially in short-term marriages.
It is possible to serve an individual by publication in situations where the last known address of the other party is unknown or the other spouse cannot be found despite reasonable effort. Being served by publication involves running a notice of the case in a local newspaper. A filing spouse must first complete a diligent search for the other spouse. The Court can approve service by publication if good-faith efforts fail. The process takes approximately five weeks and at the end of the period, the person is considered to be served even if they did not see the notice. The twenty-day time period to answer begins after the five weeks are complete. The Court will enter a default if they still do not respond. This method can be helpful when someone does not know where the other person is or how to contact them when they file.
The next step after the Court enters default is to attend a prove up hearing. These hearings are brief and usually straightforward. The filing spouse will appear before the judge and answer a few questions about the case such as when and where the marriage happened and the reason for seeking an annulment. The Judge will grant the request if everything is in order. An attorney then files the final Decree of Annulment right away. This Decree is the official Court order that declares the marriage void. After the Judge signs the Decree, the attorney will file and serve the Notice of Entry of Order. This ensures that both parties are formally informed that the case is over. The final notice must still be sent to the other spouse’s last known address or through publication even if they are not involved.
Working with an attorney helps ensure this process is handled correctly from start to finish. There are strict rules about filing, service, timelines, and Court appearances. The case could be delayed or even dismissed if any of the steps are missed or completed incorrectly. A qualified attorney can help gather information, complete necessary documents, and follow the Court’s rules. The Court cannot move forward with a case if service is not completed properly, for example. Mistakes in the publication process can also lead to delays. An experienced lawyer knows how to avoid these problems and will work to make the process as smooth and fast as possible. An attorney will also keep track of important deadlines and help prepare you for the hearing.
If you are thinking about obtaining an annulment then contact my office today. I am an attorney who is dedicated to providing quality legal representation to each of my clients. You still have legal options even if the other party does not participate. Call my office to schedule an initial appointment and speak with a lawyer about your situation.