Annulment
Annulment
Sometimes it is best to seek an annulment, which voids the marriage and effectively makes it as though it never existed.
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Most annulments are granted soon after marriage on the basis that the parties were so under the influence of alcohol or drugs that they did not know what they were doing. But Nevada allows an annulment on many grounds, probably more than any other state. In particular, Nevada allows a party to get an annulment on any ground that would form the basis to void a contract.
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Momentum Family Law can help you understand if you have a basis to seek an annulment. It can also help defend you if your spouse is seeking an annulment to eliminate your rights due to marriage.
Nevada jurisdiction over annulments
You can seek an annulment in Nevada if: - You or your spouse have resided in Nevada for six weeks; or - You were married in Nevada.
Causes for annulment
Nevada has very broad causes for annulment. You may be able to obtain an annulment if: - A party was unable to understand the marriage and its consequences, perhaps because of intoxication, drug use, or mental health issues; - Consent of a party was obtained by fraud; - the parties are related (nearer than second cousins); - One of the parties already had a living spouse; - Any ground in equity for voiding a contract.
What are grounds in equity for voiding a contract?
A marriage can be annuled for any ground in equity for voiding a contract. There are many such grounds, for instance: - Mistake of fact by one or both parties; - Fraud; - Duress or coercion; and - A party was legally incapable (for instance, was underage) of entering into the contract;