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How to file for divorce in Las Vegas

How to file for divorce in Las Vegas

Very few people understand how family law operates in Nevada, and fewer are aware of marriage annulment or divorce in the state. When two people get married, they have two options when it comes to untying the knot. While they, just like most unhappy spouses, can get divorced, another way of terminating their marriage is via annulment. The latter option is all about determining a marriage as unlawful or voidable and returning spouses to their previous status as if they have never been married – this is the main difference between an annulment versus divorce. While divorce treats a marriage as valid, during an annulment, it is considered invalid and thus no property is subject to division.

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Marriage annulment in Las Vegas

If there is any fraud, mistake, or violation of the law, a spouse can apply for marriage annulment in Las Vegas. Every marriage should be based on trust and honesty, and if they are ignored, an innocent spouse can erase his or her mistake. It is worth mentioning that every ground should be proved in court. So, if you are going to obtain Las Vegas annulment, be ready to provide some evidence or produce another party’s affidavit. 

You may want to cancel your marriage through annulment either to comply with your religious beliefs, or to avoid being “divorced”, or to save a lot of time and money that you would spend on divorce, or to avoid disputes over property division. However, you should realize that the court doesn’t grant annulments to everyone. To get one, you need to have at least one of the following grounds:

  • A prohibited marriage – Blood-related relatives cannot marry one another. Also, if someone is married, he or she cannot marry a third party without getting divorced first
  • Lack of understanding – If someone gets married while intoxicated or stressed, such a relationship is considered invalid. In Vegas, there are numerous bars and clubs, and it is common practice for many to tie the knot on weekends and divorce after less than 1 year of marriage
  • Lack of parental consent – Those who are underage and who lack parental consent cannot enter into a valid marriage. However, those who went down the aisle while being underage and stayed married after they turned eighteen can have their marriage validated
  • Fraud – Entering into marriage in order to become a US citizen is the most widespread example of fraud. Lying about your marital status, debts, both alcohol and drug addiction, and so forth can give another spouse a good ground to cancel marriage
  • Breach of contract – Before people get married, they may sign a contract: future spouses may make promises about having kids, moving to another place, changing a religion, etc. And not keeping those promises may be grounds for a marriage annulment

How to file for divorce in Las Vegas

Those seeking a quick divorce in Vegas can submit a complaint with their district court-house. One should go to the court where:

  • Their reason for the split occurred; or
  • Either party lives; or
  • The spouses last shared space

If the other party doesn’t file any answers, the divorce is considered uncontested; otherwise, the parties will be involved in a contested case. But how long does a divorce take in Nevada? – Usually, an uncontested formal divorce lasts up to six weeks, while one by publication lasts up to eight weeks. When spouses are involved in a contested case, the process may last a few months or even years. For this very reason, it is highly recommended to have an uncontested case. 

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Written by Molly Allens

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