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

By Wayne Thomas

Nevada allows couples to annul a marriage in a limited number of cases. Because of the wide availability of divorce, state law strictly limits the grounds for which an annulment may be sought. In addition, while there is typically no time limit for bringing the action, an exception applies to marriages based on age of consent, which must be brought within one year after the minor child reaches 18.

Nevada allows couples to annul a marriage in a limited number of cases. Because of the wide availability of divorce, state law strictly limits the grounds for which an annulment may be sought. In addition, while there is typically no time limit for bringing the action, an exception applies to marriages based on age of consent, which must be brought within one year after the minor child reaches 18.

Overview of Annulment

An annulment is a court order that treats a marriage as if it never occurred. Annulments are based on the rationale that the marriage contained some defect that should have prevented it from occurring in the first place. In Nevada, these defects can be due to a failure to meet the legal requirements for marriage or convincing someone to enter into the relationship under false pretenses. For this reason, an annulment differs from a divorce, which serves to dissolve a valid marriage.

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Grounds

Nevada law contains certain limitations for parties wishing to get married. Specifically, you are not allowed to marry close relatives, including first cousins, or enter into a marriage when you are already married, referred to as bigamy. These marriages are considered void, which means they are never valid even if no annulment is sought. Other grounds include failure to consent based on being a minor or due to a lack of understanding and fraudulent inducement to marry. Lack of understanding means a person was unable to consent due to factors such as intoxication, mental disability or insanity. Marriages that lacked consent are considered voidable, meaning they are considered valid until annulled.

Consent

In Nevada, only annulments sought on the basis of lack of consent due to age have a specific time limit. By law, a person over the age of 16, but under 18, must have the consent of her parent or guardian to marry, and a person under the age of 16 must have both parental consent and the consent of the court. However, an annulment will only be granted in these cases if brought within one year after the child reaches 18, regardless of who brings the action. Further, if the action is brought by a parent, it will be denied if the couple voluntarily lived together as husband and wife for any period after the age of majority was reached.

Fraud

Although there is no statutory time limit for annulments based on fraud in Nevada, your actions after discovering the fraud become important. To prove fraud, you must show that your spouse induced you to marry based on a specific representation and had you known the truth, you never would have agreed to the marriage. An example might be if your spouse professed love for you and you later discover that he was using your status as a U.S. citizen and the marriage solely to obtain a green card. Under Nevada law, if you continue living with your spouse after the truth is known, you are barred from obtaining an annulment. For that reason, annulment should be pursued immediately after discovering the fraud.

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South Carolina Annulment Laws

References

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Basis for Annulment

Couples often mistakenly assume that an annulment is an easier, cheaper and quicker alternative to a divorce, but in fact, obtaining an annulment is generally more difficult. State laws allow annulment in only limited circumstances. Couples cannot get an annulment unless their situation fits one of their state's legal grounds, or bases, for annulment. The process and bases for annulment varies by state, but annulment generally is not based on the length of time the couple has been married.

Annulment Requirements

Divorce constitutes an end to a marriage, while an annulment deems a marriage never existed. Over time, however, the lines between divorce and annulment have blurred as some states address property division issues in annulment cases even though the union legally never existed. Although a no-fault divorce may be allowed in some states, the grounds or requirements for an annulment are strictly defined and may vary from state to state.

Missouri Annulment Information

An annulment in Missouri is known as a "declaration of invalidity of marriage." Despite Missouri's unique description, the grounds for annulment in the state are similar to those found in others, ranging from bigamy and incest to fraud and concealment. If annulment is granted, the marriage is treated as if it never happened. But annulments don't come easy; the party seeking it must prove the required circumstances exist -- speculation is not enough.

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