Annulments in Las Vegas, Nevada
Experience Matters
Annulments Overview
Let’s face it – we live in Las Vegas, the home of the “drive-thru” wedding, which is often combined with free cocktails and nightclub vouchers. Often when we conduct initial “Annulment” consultations, the client presents a familiar fact pattern that you would see in a 90’s comedy. If this is your situation, trust us – you are not the first and will not be the last; don’t panic. If your situation is more complex, annulment can still be an appropriate remedy; we have seen many of these matters too.
While some marriages are outright “void,” such as those that are between parties with consanguinity, or where a party was still technically married to another, some are instead “voidable” if there is requisite “causation.” When you request an annulment, you are requesting to “void” a marriage. A marriage is considered “voidable” if a party can prove the element of “causation,” and there are several types of causation that can be grounds for an annulment proceeding. It is important to distinguish that the word “voidable” implies the requirement that you take action to obtain the “void” status – it is not automatic. You must file an annulment action to have a marriage declared “void” and waiting to do so can carry serious financial consequences.

Reasons to Request “Annulment”
The Nevada Revised Statutes (NRS 125.320 – NRS 125.350) provide that a marriage may be annulled for the following reasons (generally):
- Lack of consent of a parent and district court (when a party to the marriage was under 18) if the parties cohabitated for less than 1 year after the aggrieved party reached 18 years of age.
- Want of understanding due to incapacity or lack of competency.
- Fraud, except where the parties subsequently cohabitated after having knowledge of the fraud.
- The marriage (which is a civil contract) was void in equity.
The most common “causation” that we see in uncontested annulments is for “want of understanding.” The most common “causation” for contested annulment proceedings is “fraud.” There are even some matters that involve more than one “cause.” We have resolved or litigated cases in every category mentioned above.
Is An “Annulment” Better Than A Divorce?
One of the major appeals of an “annulment” is that the laws that apply in a divorce proceeding, such as those that affect property rights; these rights would not apply if the marriage is annulled. When a marriage is annulled, it is generally treated as if it did not take place, with some unusual exceptions. The reality is that in many annulment matters, the marriage is so short-lived that a divorce proceeding would not yield a significantly different result than an annulment proceeding. However, it is common to seek an annulment to feel like the “mistake” had never taken place.
We highly recommend, when possible, that you obtain the agreement of your partner in advance of requesting an annulment, as it reduces the likelihood of attending a court hearing and reduces the costs. Even if you have lost contact with the other party, or simply cannot have further contact with them, we have plenty of experience with “annulments” when we can obtain their signature. Even if the annulment is likely to be contested, we have strategies that aim to minimize costs involved and maximize results. Summarily – it can be done; it has been done.
Do I Have to Live in Nevada to Request Annulment in Nevada?
You do not need to be a current resident of Nevada to request an annulment if you were married in Nevada. If you were married outside Nevada, you can request an annulment in Nevada if you or the other party have been a resident of Nevada for only six (6) weeks. Sometimes there are “gray areas” when it comes to residency requirements – if you have a unique concern with residency, set up a consultation with our office so we can discuss it.