What Is the Difference Between an Annulment and a Divorce?
Most people know that annulment and divorce are the two ways to dissolve a marriage, but few know the difference between an annulment and a divorce. Anyone who is married and no longer wants to be can get a divorce. But to get an annulment, you must prove the marriage was illegal or not legitimized. When your marriage is annulled, the law acts as if the marriage never happened, while divorce recognizes the marriage happened but ended.
If you want to end a marriage in Nevada, the attorneys at Mills & Anderson can help. We have nearly 40 years of collective experience assisting clients to navigate some of their most stressful days, whether filing for an annulment or a divorce. Contact us today!
What Is an Annulment?
An annulment is a declaration that, in legal terms, a marriage never happened. You request the annulment from a district court, typically where you live or where the marriage occurred. If you married in Nevada, you can file for an annulment no matter where you live. If you married somewhere else, you must reside in Nevada for six weeks before filing for an annulment.
If the court grants the annulment, it declares that the marriage is, and was from the start, invalid. Under Nevada law, your marriage is invalid and can be annulled if it is “void” or “voidable.”
Void Marriages
Void marriages “are prohibited by law.” Specifically, a marriage is void when:
- The parties are related by blood, or
- Either party is already married.
People who are no more closely related than second cousins or “cousins of the half blood” can marry each other. A “cousin of the half blood” is a parent’s half-sibling’s child.
You are already married if you have a currently living spouse in a legally valid marriage, even if you are in divorce proceedings. Getting married again is considered bigamy, a category D felony if done knowingly.
A void marriage is void at the outset. By law, a void marriage is automatically invalid, regardless of whether a judge declares it annulled. Filing for an annulment is still worthwhile to get a clear legal declaration, especially if either party wants to marry in the future. An experienced family law attorney can help you through the process to obtain legal proof your marriage was invalid. Reach out to speak to a Las Vegas lawyer immediately!
Voidable Marriages
A marriage is voidable if:
- One of the spouses was under 18 and married without the consent of the parent or guardian and the district court,
- There was a “want of understanding” between the spouses,
- One of the spouses induced the other to marry through fraud, or
- The marriage involved circumstances that would permit a court to invalidate a contract.
Unlike void marriages, you can legitimize a voidable marriage, intentionally or unintentionally. If you make a voidable marriage valid, you can no longer have it annulled absent overlapping reasons for annulment.
Spouse Was Underage
Although 17-year-olds can marry in the state of Nevada, they need the consent of both their parent or guardian and the district court. If one or both parties were under 18 years old and failed to get consent, you can file for an annulment to void the marriage. You must file within a year of the person turning 18. However, if the parties freely live together as a married couple for any time after they are both 18, they validate the marriage.
A “Want of Understanding”
If a party had a “want of understanding,” they did not understand what they were doing and could not consent. You can be incapable of consent if you are not of sound mind, like being heavily intoxicated or having a severe mental illness that affects your ability to reason. If a person who could not consent at the time of the marriage freely lives with the other person after regaining a sound mind, the parties validate the marriage.
Fraud
Inducing someone to marry through fraud involves one party making promises to the other party they do not intend to honor. Had that party told the truth, the other party would not have married them. If one party discovers the fraud but continues voluntarily living with the other party, they validate the marriage.
Contract Invalidation
You may also be able to get an annulment if the marriage involved circumstances that a court could use to invalidate other types of contracts. For example, failure to agree to the terms of a contract can be a ground to invalidate it, like the parties fundamentally disagreeing about their roles in the marriage. An experienced family law attorney can help determine whether your situation may qualify for this ground. Contact us to discuss your contract with a lawyer!
What Happens to Shared Children and Property?
If you have a marriage annulled after having shared children, you follow the same custody, visitation, and child support processes as any parents who are no longer parenting together. If the marriage lasted a significant time before annulment, the courts may divide the property between the parties as if they had been legally married. Otherwise, the parties are not usually entitled to divide property between them. Regardless of property division, courts do not award alimony in an annulment absent fraud or bad faith by one party.
What Is a Divorce?
Although divorce is complicated, qualifying for divorce is simple. One or both spouses must have resided in Nevada for at least six weeks, and you have to:
- Be married, and
- No longer want to be.
Technically, there are three legal grounds for divorce, but most divorces are based on incompatibility. Divorce legally separates you from your spouse while acknowledging you were once married. Once your divorce is official, your marital status becomes “divorced” for legal and tax purposes.
Absent an agreement, each spouse is entitled to half the couple’s shared property. One spouse may also request temporary or permanent alimony. If there are children, the parties must resolve questions of child custody, visitation, and support.
Annulment vs. Divorce
Despite much overlap, the difference between an annulment and a divorce is significant. Specifically,
- The grounds for granting an annulment are narrow, while a divorce can be based on incompatibility alone;
- An annulment means the marriage legally never happened;
- If you married in Nevada, an annulment has no residency requirement; and
- Property division is rarer in annulments, and alimony is generally not awarded.
Despite these differences, the filing processes are very similar. An experienced family law attorney can help determine whether divorce or annulment makes sense for you.
Las Vegas Family Lawyers at Mills & Anderson Can Help
If you need assistance dissolving a marriage, the attorneys at Mills & Anderson can help. We know how difficult it is to take that first step, and we always meet our clients where they are. Our dedicated lawyers can help you decide whether divorce or annulment is right for your situation. If your Las Vegas wedding did not work out, contact us to help with your Las Vegas divorce or Las Vegas annulment.
