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.

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.

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.

Divorce is never easy, but we can help. Learn More

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.

Divorce is never easy, but we can help. Learn More
How do I Get an Annulment in Indiana?
 

References

Related articles

New York Domestic Partner Divorce Laws

New York laws are relatively clear about the standards and procedures for marriage and divorce, including issues of child custody, property division and spousal support. However, same-sex divorce issues and domestic partnership dissolutions are not always so clear, because this is a relatively new area of law. New York couples can choose to marry or form a domestic partnership, and the dissolution procedures for each are very different.

How to Stop Divorce Proceedings in California in the First 30 Days

Married couples often reconcile their differences once a divorce has been filed. To stop the divorce process within the first 30 days, the spouse who filed for divorce should inform the court there is no need to continue with the divorce process. To do so, the spouse who filed for divorce, called the petitioner, can file a request for dismissal with the court. Only the petitioner can file this form, as the other spouse cannot stop the process. However, if the other spouse has already filed his response, he must agree to stop the divorce and also sign off on the paperwork.

How to File for Divorce in Maryland

The most difficult aspect of filing for divorce in Maryland is getting your grounds and residency requirements straight. The laws regarding both overlap a bit. Once you determine them, however, the rest of the filing process is relatively straightforward.

Get Divorced Online

Related articles

Grounds for Divorce in Fayetteville, North Carolina

Divorce in North Carolina is governed by state law. Whether you are in Fayetteville, Durham or Ashville, the grounds ...

How to Get an Annulment in Virginia

An annulment is different from a divorce -- a divorce legally ends a valid marriage, whereas an annulment declares the ...

Required Period of Separation in Wyoming for Divorce

Wyoming makes divorce relatively easy, at least when it comes to the grounds on which you can file. It's a no-fault ...

What Are the Laws About Annulled Marriages in Arkansas?

Annulling a marriage is a legal process that dissolves a marriage and results in a declaration that the marriage never ...

Browse by category
Ready to Begin? GET STARTED