Understanding the maze of marital laws can be complex, especially in a state like Nevada where unique rules apply. This article will delve into the intricacies of annulments and divorces, providing clarity for those navigating these legal waters.
Void versus Voidable Marriages: A Primer
In Nevada, a marriage can either be void or voidable. These terms relate closely to annulment, a legal procedure that essentially erases a marriage.
The Incontestable Void Marriage
A void marriage, by definition, is one that cannot exist legally. Examples include marrying a close blood relative or marrying while a previous divorce is still unresolved. Nevada law unequivocally states that such marriages are null and void, making an annulment guaranteed.
The Complex Arena of Voidable Marriages
In contrast, voidable marriages are valid until annulled. The decision to grant an annulment rests on the family court judge and depends on several factors.
The Power of Understanding
A marriage might be voidable due to a “lack of understanding.” This could stem from intoxication, preventing one or both parties from fully understanding their actions, or a mental defect or disability.
The Deception of Fraud
A fraudulent marriage is another ground for annulment. This could involve situations where one party is unwilling to live with the other or marries solely for immigration purposes.
Contracts Void in Equity
Another complex aspect is “grounds for declaring a contract void in equity.” In a scenario where a couple marries in Las Vegas but resides in another state, if the husband refuses to move in with his wife post-wedding, alleging mental health issues, the wife may seek an annulment. The judge may grant it on the grounds that the marriage is void in equity.
Exceptions to Annulment
In voidable marriages where intoxication, fraud, or insanity are alleged, if the couple continues to live together as husband and wife post-allegation, it becomes highly unlikely that the court will grant an annulment.
The Intricacies of Divorce: Uncontested versus Contested
While annulments essentially erase a marriage, divorces end them. There are two primary types of divorces – uncontested and contested. An uncontested divorce Nevada is one where both parties agree on all issues, making the process relatively smooth and quick.
The Stumbling Blocks of a Contested Divorce
On the other hand, a contested divorce arises when parties cannot agree on issues like property division, child custody, alimony, etc. These divorces can become lengthy and expensive litigations, adding emotional stress to an already difficult situation.
Conclusion
Navigating Nevada’s marital laws can be complex given the nuances between void and voidable marriages and the intricacies of contested and uncontested divorces. Whether you’re considering annulment or divorce, understanding these legal implications can help align your actions with your long-term plans. Always consult with a professional to help guide you through these complicated processes.