What are the grounds for annulment in Nevada?

Nevada law (NRS 125.290) recognizes several grounds for annulment: (1) Fraud or misrepresentation — one spouse deceived the other into marrying; (2) Lack of consent — one party did not freely consent, including cases involving intoxication; (3) Underage marriage — one or both spouses were under 18 without parental consent; (4) Incapacity — a spouse lacked mental capacity to consent; (5) Bigamy — one spouse was already legally married; (6) Incest — the spouses are too closely related by blood; (7) Impotence — permanent and undisclosed inability to consummate the marriage. Some grounds (fraud, lack of consent, incapacity) require filing within a reasonable time after discovery.

How is an annulment different from a divorce in Nevada?

An annulment declares the marriage legally void from the beginning — as if it never happened. A divorce ends a valid marriage. Key differences: (1) Annulment requires proving specific legal grounds; divorce only requires irreconcilable differences or separation; (2) An annulled marriage has no legal existence, which can affect property rights, inheritance, and name restoration; (3) Annulments are typically faster when grounds are clear. For most couples, divorce is easier to obtain because you don't need to prove specific grounds.

How long do you have to be married to get an annulment in Nevada?

Nevada law does not set a maximum marriage length for annulments. What matters is whether legal grounds exist. However, some grounds have implied time limits — for example, fraud-based annulments must be filed within a reasonable time after discovering the fraud. Very long marriages are less likely to be annulled because courts may find the parties ratified the marriage by continuing it. If your marriage is lengthy, consult a legal professional about whether annulment is realistic.

How much does an annulment cost in Nevada?

Nevada annulment costs: Court filing fees are $270–$364 depending on county. If you hire an attorney, total costs typically run $2,500–$15,000+ for simple cases, more if contested. CourtFree offers annulment document preparation for $249 flat — total cost with filing fees is approximately $520–$620. You save $2,000–$14,000+ compared to using an attorney.

What is the process for getting an annulment in Nevada?

The Nevada annulment process: (1) Confirm you have valid legal grounds; (2) Prepare a Complaint for Annulment stating your grounds; (3) File the complaint at the district court in the county where you or your spouse live; (4) Serve your spouse with the complaint (or file jointly if both agree); (5) Attend a hearing where a judge reviews the evidence; (6) Receive the Decree of Annulment. CourtFree prepares all required documents for $249, guiding you through each step.

Can you get an annulment in Las Vegas for a quickie wedding?

Yes, Las Vegas annulments are common — Nevada's marriage mills and alcohol-fueled ceremonies create genuine cases of lack of consent or intoxication. However, you still must prove legal grounds. Simply regretting the marriage is not a legal ground. If you genuinely lacked capacity (were severely intoxicated and did not understand you were marrying), that can qualify as lack of consent. Filing quickly after discovering the situation strengthens your case.

Does an annulment affect property division or spousal support in Nevada?

In a void or voidable marriage, property and support rules differ from divorce. Courts can still divide property acquired during the marriage and may award spousal support in some circumstances, particularly if one party acted in good faith believing the marriage was valid (putative spouse doctrine). An annulment does not automatically mean each person walks away with only what they brought in — courts can still make equitable decisions, especially in longer relationships.

Is an annulled marriage considered as if it never happened?

Legally, yes — an annulment declares the marriage void from inception. Practically, it means: you can revert your last name without it being a 'divorce'; the marriage may not appear as a prior marriage on future marriage licenses; and for certain benefits (Social Security, inheritance), the marriage may be treated as never having existed. However, children born during an annulled marriage are still considered legitimate in Nevada.

Nevada Annulment: Complete Guide to Requirements, Cost, and Process (2026)

What Is an Annulment in Nevada?

An annulment is a legal declaration that your marriage was void or voidable from the start — meaning it never had legal validity. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never existed.

Nevada recognizes two categories of annulment:

Void marriages: Automatically invalid regardless of court action (bigamy, incest). Courts confirm the invalidity.
Voidable marriages: Valid until one spouse takes legal action to annul (fraud, underage, lack of consent, impotence). Either party can seek annulment, but the marriage is treated as valid until a court grants one.

Key distinction: Anyone can seek to annul a void marriage. Only the wronged party can typically seek to annul a voidable marriage — the person who committed fraud cannot use their own fraud as grounds.

Nevada Annulment Requirements: Who Qualifies?

Nevada annulments are governed by NRS 125.290. Courts take these requirements seriously — "I changed my mind" is not a legal ground. You must demonstrate one of the following:

1. Fraud or Misrepresentation

One spouse deliberately deceived the other about something fundamental to the marriage. Examples courts have accepted:

Concealing a prior undisclosed marriage (different from bigamy — prior marriage was legally ended but hidden)
Lying about the ability or willingness to have children
Hiding a serious criminal history that would have affected the decision to marry
Misrepresenting finances in a material way to induce marriage
Concealing a serious communicable disease

The fraud must be about something central to the marriage — not minor deceptions. You must file promptly after discovering the fraud.

2. Lack of Consent / Intoxication

A spouse did not freely and knowingly consent to the marriage. This includes:

Severe intoxication: One party was so impaired they did not understand they were getting married (common in Las Vegas cases)
Duress or coercion: Someone was forced or threatened into marriage
Mistake of fact: A party did not understand the nature of the ceremony (rare in Nevada)

Important for Las Vegas annulments: Simply being drunk is not enough. Courts require evidence that you were so impaired you lacked mental capacity to understand you were marrying. If you went through with the wedding, said vows, and remember doing so, intoxication alone is unlikely to succeed without additional evidence.

3. Underage Marriage Without Proper Consent

If either spouse was under 18 at the time of marriage without proper parental consent and court approval, the marriage may be annulled. Nevada requires minors aged 16–17 to have parental consent; under 16 requires both parental consent and a court order. Marriages that violated these requirements are voidable.

4. Mental Incapacity

A spouse lacked the mental capacity to understand the nature and consequences of marriage at the time of the ceremony. This typically requires medical documentation and applies when a person has a severe cognitive impairment, advanced dementia, or serious mental illness that affected their understanding at the time of marriage.

5. Bigamy

One spouse was legally married to another person at the time of the ceremony. This is a void marriage — it has no legal validity regardless. Courts will annul it. Note: if the prior marriage was dissolved before the Nevada ceremony, there is no bigamy (though fraud may apply if the prior marriage was concealed).

6. Incest

Nevada law prohibits marriage between close relatives including parents and children, siblings, grandparents and grandchildren, aunts/uncles and nieces/nephews. Any such marriage is void and will be annulled.

7. Permanent Impotence

If a spouse was permanently impotent at the time of marriage and did not disclose this, the other spouse can seek annulment. The impotence must be permanent and must have been concealed — it cannot have developed after marriage. This is distinct from temporary conditions or those that can be treated.

Bottom line on eligibility: If you don't have one of these specific grounds, you need a divorce — not an annulment. Nevada divorces based on irreconcilable differences don't require proving anything, which is why most people get divorced rather than seek an annulment.

Annulment vs. Divorce in Nevada: Which Is Right for You?

Factor	Annulment	Divorce
Legal effect	Marriage declared void — never happened	Valid marriage legally ended
Grounds required	Yes — must prove specific legal grounds (fraud, bigamy, etc.)	No-fault: irreconcilable differences or separation
Ease of obtaining	Harder — must present evidence at hearing	Easier — no grounds to prove
Property division	Can still be ordered by court; putative spouse doctrine may apply	Community property split 50/50 (Nevada default)
Spousal support	Possible if good-faith spouse was harmed	Available based on financial need/disparity
Name restoration	Automatic — marriage never existed	Must request in divorce decree
Future marriage licenses	May not need to disclose annulled marriage	Prior divorces disclosed on license
Children affected	Children still legally legitimate	Children legally legitimate
Timeline	2–8 weeks (uncontested) to several months (contested)	1–3 weeks (uncontested) to months/years (contested)
CourtFree cost	$249	$149–$299

Choose annulment if: You have valid legal grounds, you want the marriage treated as if it never occurred (for inheritance, benefits, or personal reasons), and you can document the grounds.

Choose divorce if: You don't have specific annulment grounds, the marriage was valid, or you simply want it ended with a clear property division process.

How to File for Annulment in Nevada: Step by Step

Confirm your grounds
Review the legal grounds listed above. Be honest with yourself — courts require evidence. If you're unsure whether your situation qualifies, CourtFree's questionnaire helps identify which grounds may apply.
Gather documentation
Collect evidence supporting your grounds: marriage certificate, proof of fraud (messages, records), medical records for incapacity claims, age documentation, or witness information.
Prepare your Complaint for Annulment
The Complaint states the grounds, identifies both parties, details the marriage date and location, and requests the relief you're seeking. CourtFree prepares all annulment documents correctly for $249 — avoiding the errors that cause clerk rejections.
File at Nevada District Court
File in the district court of the county where you or your spouse currently reside. Clark County (Las Vegas): Family Court Division. Washoe County (Reno): Second Judicial District Court. Pay the filing fee (see cost section below).
Serve your spouse
Your spouse must be formally notified. Options: professional process server ($50–$150), certified mail, or — if both parties agree — filing a joint/stipulated annulment petition, which avoids contested service entirely.
Attend the hearing
Unlike uncontested divorces (which are often handled on the papers alone), annulments typically require a brief court hearing. You present evidence of your grounds. If uncontested and straightforward, hearings are usually short — 10–30 minutes. Contested annulments can take longer.
Receive your Decree of Annulment
The judge issues the decree. Order 3–5 certified copies immediately ($3–$5 each) — you'll need them for name change records, government agencies, and employer/benefits notifications.

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How Much Does a Nevada Annulment Cost?

Annulment costs in Nevada break down into three categories:

Court Filing Fees

These are mandatory and paid directly to the court:

Clark County (Las Vegas): $270–$364
Washoe County (Reno): $217–$299
Certified copies: $3–$5 each (order 3–5 copies)

Attorney Fees vs. CourtFree

This is the biggest variable — and where most people overpay:

Option	Service Fee	Court Filing Fees	Total Cost	Timeline
DIY (Pro Se)	$0	$270–$364	$270–$400	Variable (high error risk)
CourtFree	$249 flat	$270–$364	$520–$620	2–8 weeks
Uncontested — Attorney	$2,500–$5,000+	$270–$364	$2,800–$5,400+	4–12 weeks
Contested — Attorney	$5,000–$15,000+	$270–$364	$5,300–$15,400+	3–12 months

The difference between CourtFree ($249 flat) and an attorney ($2,500–$15,000+) comes from how attorneys bill. They charge hourly — every email, every phone call, every revision. CourtFree charges once.

Additional Costs to Budget For

Process server: $50–$150 (if your spouse must be formally served)
Notarization: $5–$25 (documents requiring a notary)
Certified copies: $15–$25 total (order several at filing)
Witness fees: Typically waived for brief annulment hearings

Total realistic cost with CourtFree: $560–$750 including filing fees, certified copies, and service. Compare to $3,000–$15,000+ with an attorney.

Nevada Annulment Timeline: How Long Does It Take?

Annulments generally move faster than contested divorces but require at least one court hearing:

Document preparation: 1–3 days with CourtFree
Court filing + processing: 3–7 business days
Service on spouse: 1–14 days
Court hearing scheduling: 2–6 weeks depending on court docket
Hearing to decree: Same day or 1–2 weeks after hearing
Total: 2–8 weeks for straightforward, uncontested annulments

Contested annulments — where the other spouse disputes the grounds — can take 3–12 months and require full legal representation.

Special Considerations for Las Vegas Annulments

Las Vegas is famous for quickie weddings — and quickie annulments. The reality is more nuanced than the movies suggest:

What Usually Works

Genuine bigamy (undisclosed existing marriage)
Documented severe intoxication with corroborating evidence (witnesses, surveillance, medical records)
Fraud-based annulments filed promptly after discovery
Mutual agreement — both parties stipulate to annulment, reducing evidentiary burden

What Usually Doesn't Work

"We were drunk but knew what we were doing" — regular intoxication without incapacity
Regret, changed feelings, or "it was a mistake"
Very brief marriages where both parties participated knowingly
Waiting months or years before filing for a fraud-based annulment

If you genuinely married while incapacitated in Las Vegas, file as soon as possible. The longer you wait, the more courts may interpret your continued acceptance of the marriage as ratification.

What Happens to Property and Children?

Property Division in an Annulled Marriage

Annulment doesn't mean you automatically keep everything you came with. Nevada courts can still:

Divide property acquired during the marriage equitably
Award spousal support to a "putative spouse" — a party who believed in good faith they were in a valid marriage
Address debts incurred during the marriage period

For short marriages with minimal shared assets, this is rarely an issue. For longer marriages or significant shared property, the financial implications of annulment vs. divorce deserve careful thought.

Children of an Annulled Marriage

Nevada law protects children born during an annulled marriage. They are legally legitimate regardless of the annulment. Custody, child support, and visitation are handled just as they would be in a divorce — the annulment does not affect parental rights or obligations.

Frequently Asked Questions

Can I get an annulment if I was married for more than a year?

Yes — Nevada has no maximum marriage duration for annulments. The question is whether legal grounds exist, not how long you were married. However, longer marriages face more scrutiny: courts may question why you continued the marriage if grounds (like fraud) were discovered much earlier.

Does Nevada require residency for an annulment?

For divorce, Nevada requires 6 weeks of residency. For annulment, the rules are slightly different — at least one spouse must be domiciled in Nevada, or the marriage must have occurred in Nevada. Many out-of-state Las Vegas weddings qualify because the marriage took place in Nevada.

Can my spouse contest the annulment?

Yes. If your spouse disputes the grounds, the annulment becomes contested and a judge will hear both sides. This significantly increases complexity and cost. If both parties agree to the annulment and can stipulate to it jointly, the process is faster and far less expensive.

Will an annulment show on my record?

Court records are generally public. The Decree of Annulment will exist as a court document. However, for future marriage licenses and many official documents, an annulled marriage may not need to be disclosed the same way a divorce does — since the marriage is treated as having never legally existed.

Can I keep my ex-spouse's last name after annulment?

Unlike divorce (where you must request name restoration in the decree), annulment automatically reverts your legal status to pre-marriage. However, if you wish to keep the name, you'd need to pursue a separate legal name change, as the annulment itself treats the marriage as never having occurred.

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Related Resources

More guides to help you navigate Nevada legal processes: