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My spouse presented me with annulment papers to sign. I want to make sure that I am not at risk for further legal action.

Las Vegas, NV |
Filed under: Annulment of marriage

We are ending our marriage after 30 days due to an inability to get along. We have Type A personalities and are both stubborn. That said, I am OK with everything in the annulment in so far as the terms. We do not owe each other anything and there is nothing to be separated. No children involved!

HOWEVER, my concern is in the "cause" or reason that she came up with, which basically states that I did not want to start a family, nor did I want to be the primary caretaker of the children, nor did I want to be primary financial support. This is completely untrue, but apparently the reason has to be very convincing to get an annulment. I have no problems signing it if it means we are free and clear, BUT can she later sue for something like emotional distress, or damage, or being a con artist?

Attorney Answers 4


First, do not sign off on anything that is not true. Second, an annulment based upon "want of understanding" does not require specifics. The basis you need to support with actual evidence is if you allege fraud by one or the other parties. If both of you specifically agree that you had a want of understanding regarding the marriage, the requirements are far less strict. If she has been specific and you do not agree, then do not sign. If she pleads a basic "want of understanding" and you agree, then the Court will likely sign off on the annulment.

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Hi,thx for the response. This what the decree states: "That prior to the marriage of plaintiff and defendant, plaintiff understood the following: that plaintiff would begin a family; plaintiff would be the primary caretaker of the children; that plaintiff would greatly reduce plaintiff's work hours to fulfull the role as the primary caretake of the children; and that defendent would be the primary financial support of the family." Next Section: "That after the marriage of the plaintiff and defendant, the plaintiff discovered that defendant's understanding was complelte opposite from plaintiff's understanding" The reason is completely untrue and by signing it would basically declare myself as a slimball without any family values. Can this ever be used against me at a future time? Is there a good enough reason that we can put down that does not morally deface one of us that will be seen as valid enough for annulment by a judge? Thanks so much for the professional advice.


The legal reason for the annulment must be true. If you sign a document under oath that is factually incorrect, that is perjury.

The question I have is why annulment? Why not divorce? Is there a religious reason?

The end result is the same--you are both no longer married to each other and you will both be restored to the status of single, unmarried people.

As for future litigation, she would have to combine them with the divorce action, else she would likely lose the right be bring such claims.

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I agree with my collegues; and understand, absent actual fraud, Nevada is a no fault state so there is little relevance to the causes of dissolution. But more importantly, you don't want to swear in a document that the allegations are true if they are not. Instead, insist that the incorrect statements are removed first. You should be able to reach agreement without false statements. If not, seek assistance from an attorney.

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You should meet with an attorney for a consult at least to discuss and understand what is necessary for an annulment in Nevada. I can certainly understand the desire to have one after only 30 days of marriage, but the ground listed must be true. If the ground is fraud, it must be specific. If it is Want of Understanding, it can be more vague.

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