All You Need to Know About Annulling a Marriage The Right Way in Las Vegas
The
process for annulling a marriage is often misunderstood and confused with
acquiring a divorce. Although they do share certain aspects, they are two
distinct and separate processes.
The
major element that divides an annulment and a divorce is that there isn't a
statutory period to follow before applying for an annulment. Unlike a divorce,
where the minimum period before filing for separation is 1 year.
There
are family law solicitors who specifically offer marriage annulment guidanceand
can help move partners through the process with considerable ease, as one wrong
move can incur major emotional and financial loss.
Annulling
a marriage, the correct way is extremely essential and we are here to tell you
all you need to know about this method.
Before
proceeding with the legal formalities, the person filing for an annulment
has to prove that the marriage was not valid or flawed in the first place.
There are certain criteria that must be met before the marriage can be deemed
void in either of the following two categories.
1.
Basis for a legally void marriage
If
a marriage meets any of these criteria, it can be termed legally void and the
annulment can commence:
·
If the spouse has a blood
relation to the person filing for annulment
·
If any of the parties are
under 16 years of age
·
If any of the parties are
already married to another person.
2.
Basis for a voidable marriage
If
a marriage meets any of these criteria, it can be termed voidable and the
annulment can commence:
·
If the union wasn't
consummated
·
If prior consent was not
taken before the marriage
·
If the other person has a
sexually transmitted disease when the marriage took place
After
successfully proving that the marriage was in fact void, the next step is to apply
for an annulment.
Filling
a Nullity petition
This
first step asks you to file a nullity petition in a local court.
Applying
for a decree nisi
After
filing the nullity petition, the spouse is expected to respond within 8 days
with their consent on the annulment. Once a written approval is procured from
the other party, a petition can be filed for a decree nisi.
At
this point the petitioner should present evidence to prove that the marriage is
void or voidable.
Petition
for a decree absolute
Approximately
6 weeks after obtaining a decree nisi, the petitioner can apply for the decree
absolute. This is the final document that seals the annulment of the marriage.
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