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

How to Be Eligible for an Annulment

While a divorce terminates a legal marriage, an annulment means that the marriage never existed legally. To qualify for an annulment, a marriage must be legally void or voidable. Void means that it is not valid, while voidable means that a court can declare it to be invalid if it is challenged. To be eligible for an annulment you must be able to prove one of the specific grounds to establish that your marriage is void or voidable. Otherwise, eligibility for an annulment is simple. However, many states require strict proof to declare an annulment.

Do You Have to Wait 6 Months Before You Can File for a Divorce in Illinois?

In some states, grounds for divorce are pretty straightforward – you have irreconcilable differences, and that's that. Illinois recognizes irreconcilable differences as a ground, but that's where the simplicity ends. A six-month rule applies in this state, although there's no waiting period if you file on fault grounds.

Can Divorce Proceedings in Arizona Be Stop by the Petitioner?

If you've already filed for divorce in Arizona, but the divorce has not yet been finalized, you can stop the proceedings. However, the requirements for stopping the divorce differ, depending on how far along you are in the process.

Get Divorced Online

Related articles

Annulment Requirements in California

In California, a court-approved annulment invalidates a marriage as if the two spouses had not married each other. Some ...

How to Get an Annulment in Arizona

An annulment is the legal recognition by an Arizona court that a marriage is void. In Arizona, an annulment is granted ...

Conditions for Marriage Annulment in North Carolina

North Carolina, like most states, allows parties to obtain an annulment rather than a divorce. Qualifying for an ...

How to File for a Divorce in Maryland When One Party Is out of State

Filing for divorce when your spouse is out of state depends on two factors. You must have legal residence in the state ...

Browse by category
Ready to Begin? GET STARTED