This is my next article in a blog series about how to annul a marriage in Las Vegas, Nevada. In my last post, I provided an overview of the topics we will be discussing in this series and addressed why it is important to seek an attorney if you need help. In this article, I will outline when spouses in Nevada may seek an annulment. Annulment may be appropriate and possible if a marriage was entered into under fraudulent circumstances, if one or both spouses lacked the necessary capacity, or the marriage is void under the law. If you or a family member are curious about whether your marriage may be eligible for annulment then contact my office to speak with a family lawyer.
Nevada spouses can seek an annulment for fraud, lack of capacity, or if the marriage is void
Marriage is a legally binding commitment. However, individuals who meet certain criteria may pursue an annulment rather than divorce. An annulment legally declares that the marriage never existed. There are a few grounds for annulment that spouses may assert. The first is fraud. Fraud is a commonly cited reason for seeking an annulment and it refers to the deliberate misrepresentation or concealment of a material fact that is closely relevant to the marital relationship. Nevada Revised Statutes 125.340(1) provides: the petitioner must prove that they were deceived into entering into the marriage and that they would not have consented had they known the truth. What the person lied about must have a close tie to the essence of the marriage. It cannot be a random or irrelevant fact about the person.
Examples of fraud that could lead to successfully obtaining an annulment include:
- Hiding a significant relationship like an existing spouse, fiance, or children
- Marrying solely for immigration purposes
- Falsely claiming a desire or willingness to have children but having no intention of doing so
- Marrying without the intent of staying married
Lack of capacity is the next reason for which Nevada spouses may seek annulment. One or both spouses may lack the mental or legal capacity to consent to marriage. Mental health, intoxication, or being underage are a few common examples of incapacity. Nevada law (NRS 125.330) requires both parties entering into a marriage to have the ability to understand the nature of the marriage contract and to enter into it voluntarily.
Lastly, a marriage may be considered void if there was never validity to begin with. This is true in situations where spouses are too closely related or where one of the parties was already legally married to another person at the time of the ceremony. The marriage in these cases are automatically invalid under Nevada law (NRS 125.290). It can be annulled without having to prove fraud, lack of capacity, or any other wrongdoing.
Consider this example. A woman marries her boyfriend in Las Vegas after only dating for a few months. She learns not long after the ceremony that the man had been hiding a criminal history and had lied about his name. He was also unemployed and facing bankruptcy even though he had claimed to be a successful entrepreneur. His misrepresentations about his identity and financial position may constitute fraud. The woman may be able to obtain an annulment because her consent to the marriage was based on significant deceit.
Las Vegas spouses should retain an annulment lawyer
Proving the grounds for annulment in Court may be more complicated than it may seem. These cases often require a thorough investigation into the circumstances leading up to marriage, evidence of fraud or incapacity, and witness testimony. The potential for complicated facts and law makes it essential to work with an attorney who is familiar with Nevada’s family law statutes and court procedures. Annulments are not granted simply because spouses want one, unlike divorce. Rather, the petitioner must present compelling evidence and legal arguments to support the claim. An attorney can provide guidance on issues like property division, spousal support, and child custody and how they relate to annulment.
I am a Las Vegas family lawyer who has experience handling annulment matters. I am dedicated to giving your case the attention it deserves and providing excellent service. Contact us either online or by phone to schedule your initial consultation. We respond to all messages, emails, and phone calls promptly. We look forward to hearing from you.