Annulment of a marriage entered into in Nevada does not require Nevada residency, while a divorce would require residency here of at least one party to the marriage. The distinction is explained on our web site (see the Annulment page). The fastest, cheapest, and easiest method for an annulment is when both parties to the marriage will sign supporting affidavits as to the “mutual mistake,” etc., underlying the grounds asserted, but obtaining an uncontested annulment is often still possible if only one party participates – and the other does nothing. Such cases can usually be completed without requiring any personal appearance by either party.
A truly uncontested annulment can often be completed in a couple of weeks from when the paperwork is submitted to the Court, and a substantially lower retainer is required to do the work. However, if anything goes wrong, or especially if the granting of the annulment is contested by either party, it could take far longer and become much more expensive.
Some of the information necessary to begin work on an annulment is:
- Evidence of the date and place of the wedding (marriage certificate).
- Have the parties ever had any kind of economic relationship? That is, has any money changed hands, any common, marital, or community property ever been acquired, or any joint debts created? Were promises made of money to change hands? If so, were they kept?
- Why did the parties marry in Nevada, and what was the sequence of events leading up to the marriage (with dates, if at all possible)?
- At the time of the marriage, what was the parties’ state of mind? Was intoxication or other impairment a factor in the decision to wed?
- A chronology, if possible, with some detail, of the parties’ relationship before and after the marriage.
- Why an annulment is thought to be an appropriate way to end the purported marriage.
- Whether there are any financial deals to be made, or if this is intended to be a clean walk-away.
A truly uncontested annulment can be issued within a week or two of the time the papers are completed and filed (judges vary a bit on how fast they process the paper; but it could be as little as a couple of days).
Filing fees and costs keep changing and are unavoidable. The rest of the retainer requested would be for attorney’s fees, but if the case is truly uncontested, the time (and therefore the money) consumed to put together and submit all required papers is fairly modest, and we reduce our retainer accordingly. Because of the infinite variety of things that can go wrong, however, we do not flat fee such matters; the easier they are, the less expensive they are. As with all of our retainer agreements, funds not used (assuming that there are any) are returned to the client upon completion of the work.
However, if anything goes wrong, or especially if any portion of the matter becomes contested by either party, it could take far longer and become much more expensive. Should the matter become contested after the time of hiring of this office, the client has the option of having us withdraw, substituting another attorney, or signing a full retainer contract for normal litigation services.
In a truly uncontested annulment situation, WILLICK LAW GROUP tries to ensure that parties know what they are doing, and then does everything possible to complete the matter properly, efficiently, economically, and expeditiously.
© 2016 Willick Law Group