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How long do I have to get an annulment?

Although most annulments happen within a few months after the marriage, Nevada law does not prescribe a time limit for annulments. In one case, Mr. Spradling obtained an annulment for his client sixteen years after the wedding. But an annulment is not something that should be kept in your pocket for a later date. If you believe you have grounds for an annulment, you usually need to act immediately.


If the marriage was void because one party was already married, or because the parties are closely blood related (nearer than second cousins or cousins of the half blood), then the marriage is void from the beginning and can be annulled at any time. But even in such a case, the other party might be acquiring rights as time goes on, and it is probably best to seek the annulment sooner rather than later.


In most cases, a party waives the right to seek an annulment if the parties continue to cohabit after learning about the ground for the annulment.

  • If one or both parties were incapable of understanding what they were doing when the got married (perhaps because of intoxication or drug use), but they continue to cohabit afterwards.

  • If the marriage was obtained by fraud, but the parties continue to cohabit afterwards.

  • If one party was under 18 years old, and that party did not have the consent of a parent or guardian, but the parties continue to cohabit as a married couple after that party turns 18.

In each of these cases, the right to seek an annulment is waived due to later cohabitation.


If the right to an annulment is based on a right to declare a contract void, such as mistake of fact, duress, or coercion, then under contract law a party might be deemed to waive that right if the marriage seems to continue without action.


In the case mentioned above, where of anannulment occurred sixteen years after the wedding, one party learned of fraud only sixteen years later, and upon learning of the fraud immediately moved out of the house.


In sort, if you believe you have grounds for an annulment, even though there is no definite time period, you should contact us immediately or risk waiving that right.

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