There are two types of an annulment: a marriage which was void, and a marriage which was voidable.
A marriage that is void is one in which the parties are related by blood closer than second cousins, or if either party has a former husband or wife that is still living. If a marriage is void for either of these reasons, there is no decree of annulment or legal proceeding that must take place to dissolve the marriage. However, parties who find themselves in this situation may want a declaration of nullity of a void marriage from the Court. This documentation states the marriage was actually a non-marriage.
A voidable marriage is a valid marriage that is annulled on the request of a party. You can make a formal request for an annulment if:
- Lack of consent of parent or guardian for minors less than 18 years old
- Want of understanding – including gross intoxication, mental disability, or some hinderance that prevented you from understanding the totality of the circumstances
- Fraud – That there was concealment of an issue central to the marriage, such as inability or secret intent to not cohabitate, have children, or have sexual relations
- Grounds for declaring a contract void in equity – such as mutual mistake, undue influence, duress, or negligent misrepresentations
In Nevada, there is no precise time limit to request an annulment. Case law only states that if there has been a significant duration of marriage prior to requesting an annulment, property acquired during that time is to be equally divided. You can request an annulment if the marriage was performed in Nevada. If the marriage was performed outside of Nevada, one of the parties must be a Nevada resident for at least six weeks prior to filing.