This is the next post in a series discussing annulments of marriage in Las Vegas, Nevada. My previous post addressed the possibility of seeking an annulment on grounds that a party was incompetent or lacked the capacity to enter into the marriage. In other words, a party was not of sound mind at the time the wedding took place and therefore not able to enter into a legally binding arrangement. Under such circumstances, the court may grant an annulment. In some situations, however, a divorce may be more appropriate for a couple than having a marriage annulled. In this post, I will discuss when a divorce may be a better option. In either case, it is important to engage an experienced lawyer to represent your interests. If you are in need of assistance, contact my office today to speak with an attorney.
As I have discussed in previous posts in this series, annulments are only granted in certain limited circumstances. Specifically, a party may seek an annulment when one of the parties committed fraud or due to the incompetence or incapacity of a party at the time of the marriage. If these criteria can be met, a person should also consider the length of their marriage and whether the two have joint assets or debts. Remember, if an annulment is granted, it is as if the marriage never occurred in the first place. That means that the court will attempt to return each spouse to their respective pre-marriage financial positions. If the two have only been married for a few days and adequate grounds for an annulment exist, it is likely the more beneficial approach. If, however, a marriage has lasted for any period long enough for joint debts or assets to have accumulated, a divorce proceeding may be necessary to fairly and adequately distribute the property and liabilities between the two.
It is also important to remember that to file for divorce in Nevada, either spouse must have lived in the state for the six weeks leading up to the divorce filing. For purposes of filing for an annulment, a couple must either meet the same residency requirement or the wedding must have taken place in Nevada. This may also impact your decision.
Given the implications of obtaining a divorce vs. an annulment, it is strongly suggested that you speak to an attorney in order to understand which process may be best for you. My office is dedicated to helping clients navigate this process. If you are considering terminating your marriage, contact my office today to speak with a lawyer.