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 through default. This gives the Court the ability to continue without the other person’s involvement. In this article, I will go through the process of litigating an annulment case. Many of these cases are uncontested and resolved quickly. Others are complicated and require litigation. For example, when one spouse disputes the grounds or there is a lack of evidence. Taking an annulment case all the way to trial is relatively uncommon but it does happen. It is important to understand what to expect at each stage, from the initial filing of the petition to discovery, negotiations, and trial. If you are in need of assistance with an annulment then contact my office to speak with an experienced Las Vegas family lawyer today.
The litigation process begins when one spouse files a Complaint for Annulment with the Court. This form must specify the legal grounds upon which the annulment is sought. The petitioner is required to prove specific facts that demonstrate the marriage is void or voidable under Nevada law.
Common grounds for annulment in Nevada include:
- The spouses are too closely related
- One of the spouses was already married
- Lack of parental consent (for minors)
- Lack of capacity
- Fraud
Filing the petition starts the legal action. The other party must then be formally served and given the opportunity to respond. The case moves into the discovery phase if the parties do not agree to the annulment or to the stated grounds. Discovery is a formal process where evidence is gathered and information exchanged between sides. Discovery will be focused on the single issue of proving the grounds. This could involve text messages, emails, witness testimony, medical records, or financial documents. For example, a petitioner seeking an annulment based on fraud may need to prove that the other party concealed critical information that would have changed their decision to marry. Interrogatories, requests for document production, and requests for admissions are typical discovery tools used by both sides. Depositions may also be conducted. The discovery process can take time but it is essential. Failing to uncover or present the right evidence can impact the final outcome of the case.
Settlement negotiations may be ongoing during and after discovery. The parties often attempt to resolve the matter this way to avoid going to trial. Both sides must agree to the annulment and the grounds must be supported by evidence for this to occur. The case may proceed to Court if there is a dispute, however. For example, consider one spouse that denies allegations of fraud and claims they were fully transparent before the marriage. In another case, one party may argue that both parties were sober and consenting at the time of the wedding and deny the claims of lack of capacity.
The case goes to trial if no settlement is reached. Each party presents their side to the Judge at trial. Such presentation includes witness testimony, documentary evidence, and legal arguments. The party seeking the annulment must provide compelling evidence that supports the stated grounds as they bear the burden of proof. The Judge must review all evidence and determine whether the grounds have been sufficiently proven. The Court will grant the annulment if it finds the marriage was invalid. But the marriage will remain legally recognized if the petition is denied. Some cases may involve related issues such as the return of property or determination of custody arrangements if the couple share children.
Litigating annulments is uncommon but not unheard of. These cases can be emotionally taxing and legally complicated when they do go to trial. A seemingly simple matter can become complex once evidence, legal definitions, and procedural rules apply. It is critical to retain an experienced attorney to help gather the necessary evidence, ask the right questions, and present a compelling case. If you are considering an annulment and suspect your case may require litigation then contact my office as soon as possible. The sooner you consult with an attorney, the better prepared you will be. I am a Las Vegas annulment lawyer who is able to assist with these matters. I look forward to speaking with you.