Winchester Annulment Lawyer
For some people, getting an annulment is ideal rather than divorce because of the legal procedures it entails. Sometimes, people find divorce draining because of how long the trial will take and may even give up on the issue. While annulment also requires a court trial to be resolved, it does clean both parties’ records as if they never got married in the first place.
At Davis and Associates, Attorneys at Law, our Winchester team of family lawyers will help you through the entire process of requesting an annulment. We will answer any questions you may have about the legal action you are about to take, provide you with the resources you need to learn more about annulment, and even represent you in court.
We know how important this is for you, and we will do our best to ensure that you will get the best legal representation in court. Our team will also help you put your life back on track as if you never had to undergo this legal process.
Call Davis and Associates, Attorneys at Law at (702) 919-6469 today for a Free Consultation!
Annulment in Nevada
Couples who got married in the State of Nevada can request the district courts to annul their marriages under the Nevada Revised Statutes (NRS) 125.360. They also do not have to present their proof of residence in the state. They can go to any district court in Nevada (ex. Las Vegas) and request for an annulment while under oath.
Once the court verifies your request, an annulment proceeding – under NRS 125.290 (2) – will take place to void the marriage and resolve any issue that may arise because of the decision. If the request was filed in a different county or state, the court, which has jurisdiction on the case, might defer to another court as a sign of comity.
Under Nevada Law, parties must prove one or more reasons to support their annulment request. Some of the most common reasons include:
- Misrepresentation
- Lack of parental or guardian consent if one of the parties is under marrying age
- Discovery after the wedding which points to the other’s mental instability before marriage
- Marriages done under the influence of alcohol, drugs or impairment
- Marriages between cousins or close relatives
- One party happens to be married to another person at the time of the said marriage
- Marriage to gain a green card to avoid deportation and failure to fulfill prenuptial agreements
If the reason for the marriage is related to fraud and misrepresentation, a party can file for annulment under NRS 125.340(1). Under this statute, the marriage will be voided by a court once the fraud has been proven.
What is the Putative Spouse Doctrine?
If the court voided the marriage, the court can sort out the parties’ properties, which would have been surrendered to the community. According to the Putative Spouse Doctrine, the district court can divide the involved parties’ property according to community property guidelines.
It is also important to note that couples who were wed in any area of the State of Nevada do not need to present their residence details when filing for an annulment. Our lawyers here at Davis and Associates, Attorneys at Law can assist you in filing your complaint in Winchester, NV and ensure that it proceeds without problems. We will also help you get all the evidence and documents you need and help you understand what is going to happen in the proceedings.
Could I Request for Annulment from the Church?
The Catholic Church can also annul marriages if parties wish to do so.
When the Church steps in for this case, the parties will meet a Church Tribunal, which will review the case to see if an ecclesiastical or church annulment can be granted.
Once it is granted, the church will declare that the pair were not married in any way and null their marriage.
Free Consultation Today
When we receive your request, our team of talented and experienced Winchester lawyers will guide you through the entire process. We will sit down with you to develop a sound strategy that will help you get your life back on track and make sound legal decisions. We will also represent you in court and use our skills to get the best possible result for you and your family.
Call Davis and Associates, Attorneys at Law at (702) 919-6469 today for a Free Consultation!