QUESTION

I would like to get a marriage annulment and would like to know if this is possible?

Asked on Apr 05th, 2017 on Divorce - Nevada
More details to this question:
My husband and I got married in Vegas on 2015 only after 6 months of being together. Unfortunately, my marriage can not continue and we would like to file for divorce. I would prefer an annulment however I am not sure this is possible. When we got married we were intoxicated, Since we were married we did try to make this marriage work (we are both from abroad). But we cant, I believe he is an alcoholic and even has mental disorders (not medically proven yet). He has verbally abused me several times, which is why I cant continue with the relationship. Do you think an annulment is a possibility? Thanks
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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These facts are a bit sketchy, so the proper response is "maybe."  We have seen this scenario many times before.Nevada residency is NOT required for an annulment of a marriage that was performed in Nevada – if the parties qualify for an annulment, which largely hinges on who, precisely did what, when, where, and why, although the few facts that you have indicated might appear to potentially support a claim here.  We have done many annulments of foreign parties.A “voidable” marriage is considered valid until it is annulled upon the request of a party having grounds to make that request. Potential grounds to declare a marriage voidable are: (1) Lack of consent of parent or guardian (for a minor less than 18 years old); (2) Want of understanding; (3) Fraud; or (4) Grounds for declaring a contract void in equity.The last category (“grounds for declaring a contract void in equity”) encompasses many annulment claims in the modern era, based on such contract-like assertions as mutual mistake, undue influence, duress, negligent misrepresentation, etc.  This is where the cases involving people coming to Vegas who believed that the ceremony was “just for fun” and did not believe it would have a legal effect “back home” tend to fit in, or could be asserted.  Such claims are sometimes made when both parties intended to be married, but had very different expectations about what that marriage would entail.There is no precise time limit within which an annulment action must be brought. Case law states that when an annulment is granted after a purported marriage of significant duration, the property that the couple acquired during that time is to be equally divided.  Alimony is apparently not to be awarded in annulment cases except upon findings of fraud or bad faith.Useful information can be found at:http://willicklawgroup.com/annulment/http://willicklawgroup.com/uncontested-annulment/http://willicklawgroup.com/grounds-and-jurisdiction/There are, of course, some questions, the first of which is whether both parties will cooperate and sign supporting affidavits.  If so, this would be a “true uncontested” matter, which is usually much simpler and less expensive.Other questions include some greater background of the history leading up to the wedding ceremony and what has happened since then.  Any joint property or debts?  As to the break-up – who was where and who did what.  Sometimes, a narrative explanation is easiest.
Answered on Apr 25th, 2017 at 2:55 PM

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