How to Get an Annulment in Nevada

Annulment vs. Divorce: What's the Difference?

These are two very different legal proceedings, even though both end a marriage:

Factor	Divorce	Annulment
Legal effect	Ends a valid marriage	Declares marriage void/never valid
Grounds required	None (no-fault)	Yes — specific legal grounds required
Residency requirement	6 weeks in Nevada	None for void marriages; some for voidable
Property division	Community property rules apply	Court may still divide assets equitably
Who can file	Either spouse	Either spouse (or certain third parties)

Grounds for Annulment in Nevada (NRS 125.290)

Nevada Revised Statutes Section 125.290 lists the specific legal grounds under which a court can grant an annulment. Your marriage must fall into one of these categories:

The Most Common Ground: Fraud

In practice, the majority of Nevada annulment cases are filed on grounds of fraud. This means one party concealed or misrepresented something fundamental that the other party would not have agreed to marry knowing the truth.

Examples courts have recognized as fraud grounds:

• Concealing a prior marriage or children
• Lying about the intent to have children
• Misrepresenting immigration status specifically to obtain marriage
• Concealing a serious communicable disease

Void vs. Voidable Marriages

Nevada recognizes two categories:

• Void marriages (bigamy, incest) — legally invalid from the start. Either party or even a third party can seek an annulment.
• Voidable marriages (underage, fraud, incapacity) — valid until a court declares them invalid. Only the parties can petition.

Nevada Residency Requirements for Annulment

Nevada's annulment residency rules differ from divorce:

• For void marriages (bigamy, incest): No residency requirement — you can file in Nevada regardless of where you live, as long as you can establish court jurisdiction.
• For voidable marriages: Courts generally prefer you file in Nevada if the marriage took place here or if you're a Nevada resident.

Most couples who married in Nevada (especially Las Vegas weddings) can file an annulment in Nevada regardless of current residence.

How to Get an Annulment in Nevada: Step by Step

• 1
  Confirm your grounds Your situation must match one of the NRS 125.290 grounds above. If it doesn't, you need a divorce instead.
• 2
  Complete the CourtFree questionnaire Answer questions about your marriage, the grounds for annulment, and your circumstances. The system generates the correct forms. Start here →
• 3
  Receive your court-ready annulment documents You'll get a Complaint for Annulment and supporting documents, pre-filled and ready to sign.
• 4
  File with the District Court File in the county where you or your spouse reside, or in Clark County (Las Vegas) if you married there. Pay the filing fee (~$217–$299).
• 5
  Serve your spouse Your spouse must be legally served with the annulment papers and given the opportunity to respond.
• 6
  Attend a brief hearing (if required) Unlike many divorces, annulments sometimes require a short hearing where you state your grounds before a judge. Uncontested annulments often skip this step.

How Much Does a Nevada Annulment Cost?

Breaking down the actual costs:

• CourtFree document preparation: $249
• Court filing fee: ~$217–$299 (varies by county)
• Process server (if spouse uncooperative): $50–$150
• Total typical range: $466–$698

Compare that to attorney fees for an annulment: $1,500–$5,000+, often higher if contested.

What Happens to Property and Children in a Nevada Annulment?

Annulment doesn't mean everything disappears:

• Property: Courts can still divide assets acquired during the marriage, especially if splitting fairly between parties who acted in good faith.
• Children: Children born during an annulled marriage are still legally legitimate. Child custody, visitation, and support must still be addressed by the court.
• Spousal support: Generally not available after annulment (there was no valid marriage), though courts have discretion.

Las Vegas Annulment: What You Need to Know

Vegas weddings are famous — and Vegas annulments are almost as common. If you got married in Las Vegas and regret it, here's the reality:

• You can file in Clark County even if you don't live in Nevada
• You still need valid legal grounds — "I was drunk" qualifies under lack of understanding if you can prove it
• The faster you act after a Vegas wedding, the stronger your case
• Returning to your home state and resuming normal life is strong evidence of ratification

Common Questions

• What are the grounds for annulment in Nevada? +
  Under NRS 125.290, the grounds are: underage marriage without consent, prior undissolved marriage (bigamy), lack of understanding/mental incapacity, fraud or force, prohibited family relationship, and physical incapacity. Fraud is the most commonly used ground.
• How long do I have to file for an annulment in Nevada? +
  Nevada has no strict statute of limitations for all grounds. However, courts expect prompt action once you discover the grounds for annulment. Continuing to live as a married couple after discovering grounds may be considered ratification, which bars an annulment. For fraud, file as soon as possible after discovering the fraud.
• Can I get an annulment without my spouse's agreement? +
  Yes. Your spouse doesn't have to agree. You file the Complaint for Annulment, serve them with papers, and they have an opportunity to contest. If they contest, you'll present evidence of your grounds at a hearing. The court decides based on the evidence.
• Is an annulment better than a divorce? +
  Legally, neither is "better" — they serve different purposes. An annulment is only available if you have valid legal grounds. If you qualify, an annulment declares the marriage void from the start. If you don't have grounds, divorce is the appropriate path. From a practical standpoint, both fully resolve the marital relationship.

Related Guides

• How to File for Divorce in Nevada Without a Lawyer
• Get Married Online Legally in Nevada
• CourtFree Home — all Nevada legal services