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

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?

Las Vegas, NV -

Attorney Answers (4)

John D. Jones

John D. Jones

Family Law Attorney - Las Vegas, NV
Answered

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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F. Peter James

F. Peter James

Divorce / Separation Lawyer - Las Vegas, NV
Answered

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.

Keith Pickard

Keith Pickard

Divorce / Separation Lawyer - Henderson, NV
Answered

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.

Israel Lynda Kunin

Israel Lynda Kunin

Family Law Attorney - Las Vegas, NV
Answered

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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