Nevada is a state that is known for quickly rushing into marriage. Many people decide last minute to get married in Las Vegas for the experience or the rush, and then later on decide that the marriage is not going to work. It is important to understand, however, that there is a difference between divorce and simply annulling your marriage. Although any marriage can end in divorce, not all marriages are eligible for an annulment.
What are the differences between an annulment and a divorce?
While anyone can get a divorce, not anyone can get an annulment in the state of Nevada. An annulment essentially says that the marriage never existed, while a divorce has some legalities to it that make divorced spouses have verifiable legal rights towards each other. To obtain an annulment, you must produce evidence that the marriage was void or voidable from the beginning of the legal relationship. Nevada law does not require someone seeking divorce to have such documentation.
Definition of void/voidable
You will not be eligible for annulment of a marriage simply because you no longer wish to be in a marriage. In order to annul a marriage, you must prove that the marriage was fraudulent in the first place. For instance, if one of the spouse’s was already married at the time, the new marriage would be eligible for annulment. Another reason the marriage may be void or voidable is due to lack of capacity. An example of this may be because both parties were inebriated when they decided to get married. There are several factors a marriage could be considered void or voidable, and these are a few of them.
Seeking legal help
An experienced lawyer will be able to argue your case and help get an annulment for your marriage. The legal team at Leavitt & Flaxman are ready to help you, if you should ever find yourself in this situation. Please contact us today so that we can help!