This is the next post in a series discussing annulments of marriage in Las Vegas, Nevada. The previous post addressed circumstances under which one may decide to seek a divorce instead of an annulment. While an annulment can seem like an attractive option, most married couples will not meet the eligibility criteria. Furthermore, a divorce may be more appropriate when the couple has accumulated any sort of joint assets or debts. An experienced lawyer can help you understand the best choice for you. In this post, I will discuss how to proceed with an annulment when the location of one spouse is unknown. If you are considering an annulment or divorce, contact my office today to speak with an attorney.
An annulment is a legal proceeding. When a party files for an annulment with the court, the other spouse is given notice of the filing by “being served” with the annulment papers. The party will then have a chance to respond to the complaint through the litigation process. If, however, the location of the other spouse is unknown, one may not know how to proceed. Nevada law creates a process, known as service by publication, under these circumstances.
First, a party seeking an annulment is required to make every attempt to locate the other spouse to inform them about the annulment proceeding. The court requires an Affidavit of Due Diligence to be filed, typically by a third party process server, detailing the efforts made to find and properly serve the person. If the spouse still cannot been located, the court will allow service by publication in a newspaper. The notice must be published once per week for four consecutive weeks. In addition, the missing spouse’s nearest relative must be served with the petition. Once service of process is deemed complete, the court will determine whether an annulment is appropriate. It is important to note that the required elements for be eligible for an annulment must still be present. The person seeking to have the marriage terminated will be required to file pleadings with the court proving that annulment is justified. If the requirements are met, the court will issue a default judgment against the nonresponsive party and grant the annulment.
If you or a loved one are in need of assistance then contact my office today to speak with a Las Vegas annulment lawyer. I devote my practice to the handling of family law and I pride myself in providing the highest level of service. We handle many matters for a flat fee and we are ready to assist you. Call today to speak with an attorney.