Nevada Annulment Laws: Grounds, Deadlines and How to File (2026)

Yes. Nevada district courts grant annulments, and NRS 125.300 provides that "A marriage may be annulled for any of the causes provided in NRS 125.320 to 125.350, inclusive." Those causes are missing consent for an underage marriage, want of understanding, fraud, and any cause that would void a contract in equity. Separately, NRS 125.290 treats marriages between close relatives, and marriages solemnized in Nevada while a party already had a living spouse, as void without any court proceeding at all.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers annulment and void marriages under Nevada law, mainly NRS 125.290 to 125.449 and the marriage-age rules in NRS 122.020 and 122.025. It does not cover divorce procedure, religious annulment or other states' law. The full statute text is on the Nevada Legislature's NRS chapter 125 page. For divorce, see Nevada divorce laws.

Void and voidable marriages in Nevada

Nevada law splits invalid marriages into two groups. A void marriage under NRS 125.290 is invalid "without any decree of divorce or annulment or other legal proceedings." A voidable marriage under NRS 125.320 to 125.350 needs a court decree; the sections on underage consent, want of understanding and fraud each say the marriage is void from the time its nullity is declared by a court.

That difference matters for deadlines and defenses. The voidable grounds carry their own conditions, such as the one-year window for an underage marriage and the cohabitation bars for underage marriage, insanity and fraud. The Nevada Self-Help Center's grounds page lists close relatives and a prior marriage alongside the voidable grounds as reasons for annulment.

Grounds for annulment in Nevada

"Not stated in the section" means the cited section is silent on the point. It does not mean no rule applies; other statutes, court rules or case law may. A lawyer licensed in Nevada can advise on a specific case.

Close relatives and a prior marriage

NRS 125.290 provides that marriages prohibited by law because of "Consanguinity between the parties" or because of "Either of the parties having a former spouse then living, if solemnized within this State" are void without any decree or legal proceeding. The kinship line comes from NRS 122.020(1), which allows marriage only between persons "not nearer of kin than second cousins or cousins of the half blood."

The same section adds that a marriage void for a living former spouse "shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160."

Want of understanding

NRS 125.330 provides: "When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a court of competent authority." Where the ground is insanity, the marriage will not be adjudged void after the person is restored to reason if the spouses freely cohabited as a married couple after that restoration.

The Nevada Self-Help Center's grounds page says this ground must be shown by "clear and satisfactory" evidence. That evidence standard comes from the court's page, not from the text of NRS 125.330.

Fraud

NRS 125.340 provides: "If the consent of either party was obtained by fraud and fraud has been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority." There is no annulment for fraud if the spouses voluntarily cohabit as a married couple after learning of the fraud.

The self-help grounds page describes the required proof as "clear and convincing" and explains that the lie must concern something so important that the deceived spouse would not have married otherwise.

The equity catch-all

NRS 125.350 provides: "A marriage may be annulled for any cause which is a ground for annulling or declaring void a contract in a court of equity." The statute does not list which equitable grounds qualify, and the court's grounds page does not discuss this section. A lawyer licensed in Nevada can advise whether a particular set of facts fits it.

Underage marriage and annulment

NRS 122.020(1) sets the general rule that the two people marrying must be "at least 18 years of age." Under NRS 122.025, a 17-year-old may marry only with the consent of a parent or legal guardian and authorization from the district court.

The court may authorize the marriage only in "extraordinary circumstances," on clear and convincing evidence after an evidentiary hearing with sworn testimony from both parties. It must find that both parties are Nevada residents, that the marriage serves the minor's best interests and that consent was obtained, and it must consider the age difference between the parties, the need for the marriage to occur before the minor turns 18, and the minor's emotional and intellectual maturity. NRS 122.025 adds: "Pregnancy alone does not establish that the best interests of the minor will be served by marriage, nor may pregnancy be required." This page does not state when the current version of NRS 122.025 took effect.

A marriage contracted without the required consent of a parent, guardian or district court is voidable under NRS 125.320, not void:

"the marriage contracted without the consent of a parent, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as a married couple. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years."

The self-help grounds page states the same one-year limit and the same willing-cohabitation bar in plain language.

How to file for an annulment in Nevada

An annulment is filed in the district court as a complaint under oath (NRS 125.360, 125.370). Where you can file depends on where the marriage took place:

• Married in Nevada. NRS 125.360 allows an annulment of a marriage contracted or performed in Nevada by complaint "to any district court of the State of Nevada," and the section is headed "No requirement of residence."
• Married outside Nevada. NRS 125.370(2) provides: "No court in this State shall have authority to annul any marriage contracted, performed or entered into without the State of Nevada unless one of the parties shall have resided in this State for the period of 6 weeks before filing of the complaint."

The self-help center's annulment vs. divorce page puts it this way: "People who were married in Nevada can file for an annulment in Nevada; there is no residency requirement." It also says a Nevada resident can file regardless of where the marriage took place.

A few procedural points from chapter 125:

• An annulment action is "in rem," and in addition to annulling or declaring the marriage void, the court "shall regulate and determine the status of the parties" (NRS 125.390).
• "A cause of action for annulment may be pleaded in the same complaint with a cause of action for divorce" (NRS 125.380).
• Spouses who agree can use a summary proceeding by joint petition under oath that states the grounds (NRS 125.443 to 125.449). Under NRS 125.443, they must have an agreement settling all potentially contested matters, must have a care, support and custody agreement or an existing custody determination if there are minor children or a pregnancy, and must waive notice of entry of the decree, appeal, findings and a new trial.

Official forms

The Nevada Self-Help Center's annulment forms page offers a Complaint (no children and with children versions), Answer, Answer and Counterclaim, Reply to Counterclaim, Decree of Annulment (no children and with children), Affidavit of Resident Witness, Request for Submission, Family Cover Sheet and Summons. The self-help annulment overview explains the process.

Children, property, alimony and names after an annulment

Children. NRS 125.410(2) provides: "The issue of all marriages deemed null in law shall be legitimate." Subsection (1) adds that nothing in the chapter makes the children of a marriage illegitimate because a parent was not of lawful age. The self-help center says the court can decide custody and child support in an annulment case; see Nevada child custody laws.

Alimony and property. The statutes cited on this page do not set out a general property-division or alimony rule written for annulment. The Nevada Self-Help Center's annulment vs. divorce page says:

"Spouses who get an annulment typically cannot ask for alimony, and the court will usually not divide property and debts. Financial orders are generally based on the parties having a valid marriage."

The court's wording ("typically," "usually") leaves room for exceptions, and a lawyer licensed in Nevada can advise on a specific situation. Chapter 125 does refer to money and property orders in annulment cases: NRS 125.440 lets the court enter judgment for arrears of sums ordered in an annulment action, and NRS 125.150(3) allows a postjudgment motion in an annulment action to adjudicate community property or liabilities omitted from the decree as the result of fraud or mistake. In the summary joint-petition procedure, the final judgment "constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and the property rights of the parties" (NRS 125.449(1)).

Premarital agreements. If a marriage is determined to be void, a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result (NRS 123A.090).

Names. The self-help center says the judge in an annulment can restore either party's prior name. In a summary proceeding, the joint petition must state whether either spouse elects to have a former name restored (NRS 125.445(2)(d)).

Good-faith spouses and religious annulments

This page does not cover whether Nevada protects the property rights of a spouse who believed in good faith that the marriage was valid. A lawyer licensed in Nevada can advise on that question.

A religious annulment and a court annulment are separate processes. A church decision does not change civil marital status, and a court decree does not decide religious status.

Annulment versus divorce in Nevada

A divorce ends a valid marriage; an annulment declares a marriage void, either because the law treats it as void from the start or, for a voidable marriage, from the time the court declares its nullity. Divorce grounds under NRS 125.010 are insanity existing for 2 years before the action, living separate and apart for 1 year without cohabitation, and incompatibility. For grounds and residency, see Nevada divorce laws.

Disclaimer: This article provides general legal information about annulment under Nevada law, mainly NRS 125.290 to 125.449 and NRS 122.025. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Nevada or the Nevada Self-Help Center.

Related

• Annulment laws in every state
• Nevada divorce laws
• Nevada common-law marriage
• Nevada marriage and divorce records
• Nevada child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

How long do you have to get an annulment in Nevada?

It depends on the ground. For a minor's marriage without the required consent, NRS 125.320 requires the case to be brought within 1 year after that spouse turns 18. NRS 125.330 to 125.350 do not state a time limit, but cohabiting as a married couple after learning of a fraud, or after recovering from insanity, bars those grounds.

Can I get an annulment in Nevada if I was married in Las Vegas but live in another state?

NRS 125.360 allows an annulment of a marriage contracted or performed in Nevada in any Nevada district court, under a section headed No requirement of residence. The Nevada Self-Help Center also says people married in Nevada can file there with no residency requirement.

Is a marriage to a first cousin void in Nevada?

NRS 122.020(1) allows marriage only between persons not nearer of kin than second cousins or cousins of the half blood, and NRS 125.290(1) makes marriages prohibited for consanguinity void without any decree.

Can you get alimony after an annulment in Nevada?

The Nevada Self-Help Center says spouses who get an annulment typically cannot ask for alimony and the court will usually not divide property and debts. A lawyer licensed in Nevada can advise whether an exception could apply.

Are children of an annulled marriage legitimate in Nevada?

Yes. NRS 125.410(2) provides that the issue of all marriages deemed null in law shall be legitimate, and the self-help center says the court can decide custody and child support in the annulment case.

Can an annulment and a divorce be filed together in Nevada?

Yes. NRS 125.380 allows a cause of action for annulment to be pleaded in the same complaint as a cause of action for divorce.