Las Vegas Annulment Lawyer

Annulment vs. Divorce: What’s the Difference?

A divorce legally ends a marriage that was valid when it began. An annulment, by contrast, treats the marriage as though it never legally existed at all. This distinction can matter for religious reasons, personal reasons, or in situations where a party wants a clear legal record that the marriage lacked validity from the outset — but it also means annulment requires proving specific legal grounds, unlike Nevada’s no-fault divorce process.

Grounds for Annulment in Nevada

Nevada law recognizes both void and voidable marriages. A void marriage was never legally valid under any circumstances, while a voidable marriage may be annulled if the right grounds are proven. Common grounds include:

• Fraud— one spouse was deceived about a fact essential to the marriage, such as intent to have children or concealment of a significant fact
• Duress— one spouse was forced or coerced into the marriage against their free will
• Lack of mental capacity— one spouse was unable to understand the nature of the marriage due to mental incapacity or intoxication at the time
• Bigamy— one spouse was already legally married to another person at the time of the ceremony
• Incest— the spouses are related within a degree prohibited under Nevada law
• Underage marriage— one spouse was under the legal age to marry and lacked the required parental or court consent
• Concealed impotence— one spouse was unable to consummate the marriage and concealed this fact from the other

Void vs. Voidable Marriages

Some grounds, like bigamy and incest, make a marriage void from the moment it took place, meaning it can be challenged at any time. Other grounds, such as fraud or duress, make a marriage voidable, which generally means the affected spouse must act within a reasonable time after learning the truth — otherwise, continuing to live as a married couple can be seen as accepting, or ratifying, the marriage.

Proving Your Case

Because annulment requires proving specific grounds rather than simply asserting the marriage isn’t working, evidence matters. Cohen Fic & Squires helps clients gather the documentation, testimony, and other evidence needed to support their grounds for annulment and present a clear, credible case to the court.

Property, Custody, and Support in an Annulment

Even though an annulment treats the marriage as though it never legally existed, Nevada courts can still resolve property division, child custody, and child support within the same case. Children born during an annulled marriage retain full legal rights and protections, just as they would in a divorce.

Why Choose Cohen Fic & Squires for Your Annulment

• Experience evaluating whether a marriage qualifies for annulment under Nevada’s specific legal grounds
• Skilled at gathering and presenting evidence for fraud, duress, capacity, and other complex claims
• Sensitive, discreet handling of difficult personal circumstances
• Full resolution of related issues, including property, custody, and support
• Representation for clients throughout Las Vegas, Henderson, and Clark County

Frequently Asked Questions

What is the difference between an annulment and a divorce?

A divorce ends a valid marriage, while an annulment declares that the marriage was never legally valid in the first place. Because an annulled marriage is treated as though it never legally existed, it can carry different legal, religious, and personal implications than a divorce.

What are valid grounds for annulment in Nevada?

Nevada recognizes grounds such as fraud, duress, lack of mental capacity to consent, bigamy, incest, underage marriage without proper consent, and concealed impotence, among others. Some grounds make a marriage void from the start, while others make it voidable through a court action.

Is there a time limit for getting an annulment in Nevada?

Some grounds, such as bigamy or incest, can be raised at any time because the marriage was void from the start. Other grounds, such as fraud or duress, generally must be raised within a reasonable time after the affected spouse discovers the issue or the marriage may be treated as ratified.

Do I need to prove fault to get an annulment?

Yes, unlike Nevada’s no-fault divorce process, an annulment requires proving one of the specific legal grounds that make the marriage void or voidable, such as fraud, duress, or lack of capacity, with supporting evidence presented to the court.

Can property and custody still be addressed in an annulment case?

Yes. Even though an annulment treats the marriage as though it never legally existed, Nevada courts can still address property division, child custody, and child support as part of the same case.

How long does an annulment take in Las Vegas?

Timelines vary based on the grounds asserted and whether the case is contested. A straightforward, uncontested case can move relatively quickly, while a contested annulment involving disputed facts can take significantly longer.

Will an annulment affect my religious marital status?

A civil annulment addresses only the legal status of the marriage under Nevada law and does not automatically affect any separate religious annulment process, which is typically handled independently through the relevant religious institution.