Annulments and divorces are very similar, but also very different. There are some important differences you need to know if you are not sure whether to ask for an annulment or a divorce. Visit this section to learn about the differences.
Similarities To Divorce
Just as in a divorce, a judge in an annulment case will have to determine child custody, child support, and can restore either party's prior name. The judge may divide property and debts if the spouses married in good faith and believed the marriage was valid. An annulment case will also generally follow the same legal process as a divorce in terms of the steps involved to get a final decree. You can learn about the general legal process and the issues decided as part of an annulment by visiting the Overview of Divorce and Overview of Custody pages. Keep in mind the differences discussed below!
Differences From Divorce
The major differences between divorce and annulments are:
An annulment treats a marriage as if it was invalid because there was some defect related to how or why the marriage took place. When an annulment is granted, it's as if the parties were never married because the marriage was invalid.
No Nevada Residency Requirement
People who were married in Nevada can file for an annulment in Nevada; there is no residency requirement (a Nevada resident can also file for an annulment here regardless of where the marriage took place).
A Nevada divorce, on the other hand, can only be granted to a Nevada resident.
A divorce can be granted when the spouses are "incompatible," meaning, they just don't get along anymore. Neither spouse has to prove anyone did anything wrong to cause the divorce.
However, a spouse who wants an annulment must prove that one of the Grounds for Annulment existed at the time of the marriage. The spouse asking for an annulment has the burden to prove why an annulment should be granted. The judge will not grant an annulment until you have proven one of those limited reasons.
Alimony (also called "spousal support")
Spouses who get an annulment typically cannot ask for alimony. An alimony award is generally based on the parties having a valid marriage.