Filing For An Annulment Of Marriage

An annulment is the process of dissolving a marriage as if it never existed in the first place. This is unlike a divorce which recognizes the existence of the marriage and takes into account factors such as property that was accumulated during the marriage, children from the marriage, etc. This resource is found at https://www.nevadadivorce.us/nevada-annulment.

There are certain factors that need to be taken into consideration when filing for an annulment:

1. Grounds For Annulment

There are a number of different grounds for annulment.

Fraud. If either party is already married or has misrepresented themselves in a way that would affect the state of the marriage, they can apply for an annulment.
– Non-consummation. If a party is impotent or infertile, this can be grounds for an annulment.
– If either party is underage.
– If the marriage was under duress.
– If either or both parties were intoxicated when the marriage took place.
– If either party does not have the mental capacity to make decisions for themselves.
– Parties are too closely related to be legally married.

It is rare that an annulment will be granted for any other reason. In most cases, both parties agree to file for an annulment. Where there is a disagreement between parties, a hearing will be scheduled in order to determine whether there are grounds for annulment.

2. When To File For An Annulment

In some states, an annulment will only be granted if the marriage took place within a few days (72 hours) of a marriage license being issued. It is also necessary to file for a Petition To Grant Annulment within 30 days of the marriage although this period may vary slightly from state to state. It is very rare for annulments to be granted if they do not meet with the time requirements for filing.

3. Where To File

You can file for an annulment at your local county court house or in Probate and Family Court. In other words, you must live in the county where you are filing for an annulment. However, if your spouse is still living in the county where you resided together while married, the documents should be filed at that county court.

4. Do You Need An Attorney?

You do not need an attorney in order to file for an annulment. However, if there is any doubt as to the grounds of annulment or the time period for filing has elapsed, it may be a good idea to get advice from an attorney as well as legal representation to help present your case to the court.

5. Children

Although it is rare, children may have been born from the marriage or adopted. In this case, an annulment must be accompanied by a Suit Affecting the Parent-Child Relationship. This document will determine child custody, support, visitation and any other issues surrounding minors involved in the marriage.

In the event that an annulment is not granted by the court, there are two options available – divorce or to declare a marriage void. Both these options also have requirements that must be met in order to be granted by a court.