Legal Question in Family Law in Nevada

I've been married less than one year, my wife & I have no children together, we also have no community property. Can I get an anulment, or do I have to divorce?


Asked on 4/12/10, 1:10 pm

2 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Depends. Did you live together? Did she say that she wanted children and then after marriage, she did not want children? Are there any facts that relate to a fraud or misrepresentation?

If so, you could get an annulment; if not, probably you are stuck with a divorce.

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Answered on 4/17/10, 1:54 pm
Marshal Willick Willick Law Group

There are many potential grounds for annulment. See the explanation, citations, and referenced statutory links posted at http://www.willicklawgroup.com/annulment. But any annulment requires an assertion of grounds, so in your circumstances most lawyers plead in the alternative for a divorce, which is allowed under the statutes, so even if you lose on the one, you can still terminate the marriage. See http://www.willicklawgroup.com/divorce.

It is a rare couple who has "no property." Whatever you have, if accrued during the marriage, belongs to both as community property -- and the cases say is divided, during either a divorce or upon an annulment.

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Answered on 4/17/10, 2:27 pm


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