The laws governing Nevada marriage annulments are found in Chapter 125 of the Nevada Revised Statutes (“NRS”). Under Nevada law, there are two types of marriages which can be annulled: void and voidable.
Void Marriages
A void marriage is one which the law considers to never have existed. NRS 125.290 states that a void marriage exists in one of two circumstances: (i) you marry a close relative, such as a sibling or first cousin or (ii) you are already married when you enter into a second marriage. Where two parties enter into a void marriage, Nevada law dictates that the marriage is “void without any decree of divorce or annulment or other legal proceedings.” However, as a practical matter, even where a void marriage exists, it is still wise to obtain a formal court decree stating that the void marriage is annulled. The annulment decree serves to protect the parties that entered into the void marriage from future legal trouble and other serious matters, such as joint liability for debts, loss of separate property rights and other serious legal issues.
Voidable Marriages
Even if someone has not entered into a void marriage, a Nevada annulment is granted under the law for voidable marriages pursuant to NRS 125.320 – 125.350. A voidable marriage is recognized by the law, but gives the parties that entered into that marriage the opportunity to annul the marriage should they desire to do so. In other words, in a voidable marriage the spouses may continue to legally stay married should they choose to do so but individuals engaged in a void marriage may not. Under NRS 125.320, a marriage may be annulled where one of the marriage parties failed to obtain the necessary consent from a parent, guardian or court prior to entering into the marriage.
NRS 125.330 grants a Nevada annulment for “want of understanding”. A “want of understanding” is the classic annulment situation commonly depicted in movies and television. It includes being too intoxicated (either from alcohol, drugs or medication) to know what you were doing and knowing that you would not have entered into the marriage had you not been so intoxicated. ”Want of understanding” also includes entering into the marriage under extreme stress to the point where you were not in your “usual” mental state of being.
NRS 125.340 allows for a voidable marriage to be annulled for fraud. Fraud arises in this context in a broad array of circumstances, including, but not limited to, failure of the spouse to disclose to you material information that would have changed your mind about marrying the spouse (criminal history, bankruptcies or other serious financial problems, sexual preference, previous relationships or current children). Fraud may also exist where: (i) the spouse made a pre-marriage promise to have children with you and that promise has been broken or (ii) the spouse convinced you to get married simply to keep that person from being deported.
NRS 125.350 grants a Nevada annulment because a “contract is void in equity”. This is classic legal language that essentially allows a spouse to claim a serious misunderstanding between the married couple warrants the marriage being annulled. This may include one spouse believing that the other was a member of a particular religion, when this is in fact not the case, or one spouse changing his or her mind regarding whether to have children or not.
Jursidictional Requirements to Obtain a Nevada Annulment
Some states require a spouse to live in that state in order to obtain a marriage annulment. However, NRS 125.360 allows any party who was married in Nevada to obtain a Nevada annulment. For marriages not made in Nevada, a party seeking a Nevada annulment must have resided within Nevada for at least six weeks prior to seeking the annulment (see NRS 125.370).