How to File a Joint Petition Annulment in Las Vegas

By Jeff Franco J.D./M.A./M.B.A.

Whether you got married in Las Vegas while on vacation or call the city your home, you may be able to annul your marriage in Clark County, Nevada. Even if your spouse also wants the annulment, filing a joint petition -- or joint complaint, rather -- isn’t an option. Only one spouse may file the initial complaint. But the fact you’re both in agreement to void the marriage will speed up the process significantly. However, there are a number of Nevada requirements all couples must consider.

Whether you got married in Las Vegas while on vacation or call the city your home, you may be able to annul your marriage in Clark County, Nevada. Even if your spouse also wants the annulment, filing a joint petition -- or joint complaint, rather -- isn’t an option. Only one spouse may file the initial complaint. But the fact you’re both in agreement to void the marriage will speed up the process significantly. However, there are a number of Nevada requirements all couples must consider.

General Nevada Requirements

All couples who want to annul their marriage in Las Vegas must satisfy two basic requirements before filing a Complaint for Annulment in Clark County. First, you must either have been married in Nevada or one spouse must be a resident of the state for at least six weeks prior to filing the complaint. The second requirement is that at least one of the legal grounds necessary for obtaining an annulment is met.

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Grounds for Annulment

You need more than just mere regret to annul your marriage in Las Vegas. The state will annul your marriage if your spouse is a close blood relative; your marriage required the consent of a parent, guardian, or court, and consent was never given; one spouse fraudulently obtained consent to marry from the other spouse; one spouse was mentally incompetent or unable to understand what he or she was consenting to; or at the time the marriage took place, one spouse was legally married to another person.

Preparing the Complaint

To begin the annulment process, one spouse must file the initial complaint with the Clark County Family Court. Regardless of whether you and your spouse both agree to annul the marriage, Clark County, unlike other counties in Nevada, allows only one party to file the complaint. Clark County provides standard forms on its website that you can fill in and simply check off required information. You must confirm you meet jurisdictional requirements; provide information on the existence of community property and debts; indicate the grounds for annulment; and provide information relating to spousal support. Once you complete the complaint form, you must sign the document in the presence of a notary.

Finalizing Annulment Documents

After completing your complaint, you can file it with the court through its online e-filing system then arrange to serve your spouse with a copy of the complaint. Because your spouse wants the annulment too, you can accomplish this by having your spouse sign an acknowledgment or waiver of service with the court – thereby satisfying the notice requirement. One way that couples who agree to an annulment can avoid additional court procedures and hearings is for the non-filing spouse to refrain from filing an answer to the complaint. After 20 days from the date your spouse receives a copy of the complaint, and doesn't file an answer, you can make a request to the court to enter a default judgment against the defendant-spouse. Once this occurs, you can arrange to have a judge sign a Decree of Annulment – which effectively voids your marriage.

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What Is the Time Limit for Getting an Annulment in the State of Nevada?

References

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Annulment isn't a quick and easy fix to a bad marriage, although it's sometimes rumored to be. Much like fault-based divorces, you must prove certain grounds to the court before it will grant your request. These are legally acceptable reasons why your marriage can't or shouldn't continue. With all states now recognizing no-fault divorces -- where you don't have to prove wrongdoing on the part of your spouse -- getting the court to grant you an annulment is usually the more difficult process.

Virginia Rights on Wedding Annulments

After an annulment, spouses become single again and are treated by the law as if they had never married. A couple may want an annulment to avoid the process of divorce or accommodate the spouses' religious beliefs against divorce. Not every couple who wants an annulment may be able to get one because Virginia permits annulments only for couples who can establish one of the grounds set by the commonwealth's law. In addition, the financial rights of spouses depend on the grounds chosen for their annulment.

How to File for an Annulment of Marriage in CA

If you're seeking an annulment, California courts require that you follow specific procedures. A court grants an annulment for marriages that are not legally valid. California's statutes set forth who may qualify for an annulment, meaning you must have appropriate legal grounds upon which to file. If you qualify, there are court-provided forms that you must fill out and serve to the respondent -- the person from whom you're seeking the annulment. Once your marriage is annulled, it's as though you were never married. In other words, the entire marriage is nullified, just as if it never occurred.

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