A marriage annulment is actually a court action in which the marriage is declared void. One of the following must exist before the state of Nevada has jurisdiction over the marriage to enter an annulment:
- The marriage took place in the State of Nevada, or
- One of the parties has been a resident of the State of Nevada for at least six weeks prior to filing
Unlike a divorce where Nevada is a no-fault state, there are specific grounds that need to be met before an annulment can be granted.
Grounds for Marriage Annulment
As a general rule, when an annulment is granted there is some type of issue regarding the consent given to marriage. For example, if the consent of either party to marry was obtained fraudulently there is grounds to annul. This occurs when one party makes false representations to the other in order to get that individual to consent to the marriage.
False allegations may deal with their financial position, their ability/desire to have children or false statements about their relationship history. It is important to note that once fraud is discovered by the innocent party, the parties must then separate. The marriage cannot be annulled for fraud if the parties to the marriage continue to cohabit voluntarily as spouses after having received knowledge of fraud.
When one person is incapable of giving consent due to intoxication, mental or emotional problems, that would constitute grounds for annulment. Additionally, a marriage might be annulled if it was found that consent was given under threat or duress.
If you have questions regarding annulment or believe that you are in a situation where an annulment is warranted, contact divorce attorney Bruce Anderson.