Las Vegas Weddings: Legally Binding Or Not?

Las Vegas is famous for its quickie weddings, but what happens in Vegas doesn't always stay in Vegas. If you're having second thoughts about your Vegas wedding, you may be able to get an annulment. An annulment is a legal procedure for declaring a marriage null and void, and there are two types: void marriages, which are not legally valid, and voidable marriages, which are valid but can be cancelled at the request of one of the parties. In Nevada, where Las Vegas is located, a marriage is automatically void if the parties are related by blood or if one of them is already married. A voidable marriage in Nevada may be based on lack of consent, fraud, or other grounds for declaring a contract void in equity. So, if you're having doubts about your Vegas nuptials, consult a lawyer to explore your options for annulment.

Witness signature forgeries

A marriage can be annulled if there was something legally wrong with it from the start. This includes marriages that are based on incest or bigamy, which are considered void marriages. Other reasons for annulment include being underage, mental incapacity, fraud, duress, and physical inability to consummate the marriage. If a marriage is annulled, it is treated as though it never existed.

Witnesses are required to sign the marriage license in many states. Traditionally, the maid of honor and/or best man take on this role, but any adult who understands what a marriage is and what a legal ceremony should look like can be a witness. The witnesses observe the wedding ceremony and sign the paperwork afterward. Their signatures make the union legal. While there is no restriction on the age of a witness, they must be able to understand what a marriage is and what a legal ceremony should look like.

In the case of witness signature forgeries, it is important to note that the presence of witnesses is a legal requirement in many places. The role of witnesses is to ensure that the wedding is performed legally, that neither party is being forced into the marriage, and that the officiant carries out their job correctly. Therefore, if the witness signatures on the marriage license are forged, it could imply that the marriage was not properly witnessed and may call into question the legality of the union.

If it can be proven that the witness signatures on the marriage license are forgeries, it could potentially be grounds for annulment, as it indicates that the marriage was not properly witnessed and may raise doubts about the legality of the union. However, it is important to note that the specific laws and requirements for annulment may vary across different states and countries.

To address witness signature forgeries, it is advisable to seek legal advice from a family law attorney or a similar professional. They can provide guidance on the appropriate course of action, which may include filing for an annulment or taking other legal steps to address the situation.

Void vs voidable marriages

A marriage can be annulled only when the law considers it to be either void or voidable. A void marriage is one that was never valid, while a voidable marriage is considered valid until it is declared invalid. In other words, a voidable marriage only exists until it is annulled.

Void Marriages

Void marriages are those that are not legally valid from the start. Examples include marriages involving bigamy or incest. Other reasons for a marriage to be considered void include:

• The parties are within the prohibited degree of relationship, i.e., the family relationship is too close, such as mother-son, father-daughter, sister-brother, or aunt-nephew.
• Either party is under the age of consent (under 16 or 18, depending on the jurisdiction).
• Either party is already married.

Voidable Marriages

Voidable marriages are those that are considered valid until they are annulled. Common grounds for voiding a marriage include:

• Lack of consent to the marriage (due to mistake, duress, or lack of capacity).
• The marriage has not been consummated (although this does not apply to same-sex marriages).
• One party is suffering from a mental disorder or a communicable venereal disease.
• One party is pregnant by another person at the time of the marriage.
• One party was under the influence of drugs or alcohol at the time of the marriage.

It is important to note that strict time limits apply to some grounds for voidable marriages. For example, proceedings based on mental disorder or venereal disease must typically be commenced within 3 or 4 years of the marriage, unless permission is granted by the court.

Grounds for annulment

Annulments in Nevada are not common, as there are only a few limited reasons a judge can grant one. An annulment is a court procedure that ends a marriage, but unlike a divorce, it treats the marriage as if it never happened.

Void marriages

A void marriage is one that was not legal to begin with. In Nevada, a marriage is void if:

• The spouses are closely related (closer than second cousins or cousins of the half-blood)
• One person was already married

Voidable marriages

A voidable marriage is a legal marriage until a court ends it. There are several reasons a marriage may be voidable:

• Lack of parental consent: If a person under 18 got married without the consent of a parent and a judge, their marriage can be annulled. However, this must be done before they turn 18 and cannot be done if they are willingly living with their spouse as a married couple.
• Want of understanding: If one spouse did not understand what they were doing at the time of the marriage, or was insane, the marriage may be annulled. However, if the couple continues to live together after sanity is restored, the marriage can no longer be annulled.
• Fraud: If one spouse lied about something important and intentionally misled the other, the marriage may be annulled. However, if the spouse learns about the fraud and continues to live with their partner, the marriage can no longer be annulled.
• Duress: If either spouse was under duress when entering the marriage, it can be annulled. The duress must be significant, such as the threat of violence.
• Mistake: If one spouse made a mistake, such as marrying while highly intoxicated, the marriage may be annulled.
• Negligent misrepresentation: If one spouse misrepresented themselves, the marriage may be annulled.
• Undue influence: If one spouse had undue influence over the other, the marriage may be annulled.
• Physical inability to consummate the marriage: If one spouse is physically unable to have sex and it cannot be resolved, the marriage may be annulled. However, this must be requested within four years of the marriage.

Residency requirements

If a marriage was performed in Nevada, there is no residency requirement for an annulment. However, if the marriage was performed outside of Nevada, then one of the parties must be a resident of Nevada for at least six weeks before filing for an annulment. This is the same rule that applies to divorce in the state.

In Nevada, there are two types of annulments: those in which the marriage was "void" and those in which the marriage was "voidable". A void marriage is one that was never legally valid, while a voidable marriage is considered valid until it is annulled upon the request of one of the parties.

A marriage performed in Nevada is automatically considered "void" if the parties are related by blood any closer than second cousins, or if either party has a former spouse still living. In these cases, no legal proceedings are required to dissolve the marriage, but the parties may request a "declaration of nullity of a void marriage" from the court.

A "voidable" marriage in Nevada may be annulled if there was a lack of consent from a parent or guardian for a minor under 18 years old, a want of understanding due to gross intoxication, insanity, or mental disability, fraud, or grounds for declaring a contract void in equity.

It is important to note that if a marriage is voidable based on insanity or fraud, an annulment may not be sought if the parties continue to live together as husband and wife after the fraud is revealed or sanity is restored. Additionally, there is no precise time limit for bringing an annulment action in Nevada, but case law suggests that property acquired during a long-term voidable marriage should be equally divided upon annulment.

Legal consequences

A Las Vegas wedding can be null and void if it falls under the categories of "void" or "voidable" marriages. Here are the legal consequences and considerations for each type:

Void Marriages

A void marriage is one that was not legally valid under Nevada law, and it is considered invalid from the start. The following are grounds for a void marriage in Nevada:

• Consanguinity: The parties are related by blood closer than second cousins.
• Bigamy: Either party has a former spouse who is still living.
• Lack of Witness: Nevada law requires a witness to be present at the ceremony, and a marriage may be at risk of being void if this requirement is not met.

If a marriage is void, no legal proceedings or decree of annulment is required to dissolve it. However, couples often seek a court declaration of nullity for official documentation. It is important to note that voiding a marriage on the grounds of bigamy does not prevent prosecution for the crime of bigamy.

Voidable Marriages

A voidable marriage is considered valid until annulled upon the request of a party with valid grounds. The following are potential grounds to declare a marriage voidable in Nevada:

• Lack of Consent: This includes the lack of consent from a parent or guardian for a minor under 18 years old.
• Want of Understanding: This could include gross intoxication, insanity, or mental disability, resulting in a lack of understanding of the marriage ceremony.
• Fraud: This involves concealment or misrepresentation of issues central to the concept of marriage, such as the inability or intention not to cohabit, have children, or have sexual relations.
• Contractual Issues: This includes grounds for declaring a contract void in equity, such as mutual mistake, undue influence, duress, or negligent misrepresentation.

It is important to note that if a voidable marriage is based on insanity or fraud, an annulment may not be sought if the parties continue to live together as a married couple after the issues are resolved or revealed.

Residency Requirements

If the marriage to be annulled was performed in Nevada, there is no residency requirement for seeking an annulment. However, if the marriage took place outside of Nevada, one of the parties must be a Nevada resident for at least six weeks before filing for annulment.

Property and Alimony Considerations

When an annulment is granted after a lengthy marriage, Nevada case law states that the property acquired during the marriage should be equally divided between the couple. Additionally, any children born of a marriage that is annulled are considered legitimate.

Regarding alimony, it is generally not awarded in annulment cases unless there are findings of fraud or bad faith. Obtaining an annulment of a later marriage does not reinstate alimony payments from an earlier divorce that were terminated due to the second marriage.

Frequently asked questions