erinmichelle said:
I have been married for 4 months and we just don't seem to want the same kind of relationship or life. We married in Pennsylvania and then moved to Nevada, where we currently reside. I don't know which states law to go by or what to do. Since we've been married for such a short time do I file for a divorce or an annullment? And with what state?
My response:
Well, you've met the residency requirements of Jurisdiction for Nevada; however, in Nevada you must be living "separate and apart" for one year before Nevada will grant you a divorce.
In Pennsylvania, you need to be a resident for one year (and you gave that up when you moved - - so you'd have to start all over again) and then, you'd have to live "separate and apart" for two years before PA would grant you a divorce.
ANNULMENT
NRS 125.290 Void marriages. All marriages which are prohibited by law because of:
1. Consanguinity between the parties; or
2. Either of the parties having a former husband or wife then living, if solemnized within this state,
are void without any decree of divorce or annulment or other legal proceedings. A marriage void under this section shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160.
[18:33:1861; B § 211; BH § 487; C § 498; RL § 2354; NCL § 4066]-(NRS A 1959, 195; 1967, 531; 1973, 201)
NRS 125.300 Voidable marriages: Causes for annulment. A marriage may be annulled for any of the causes provided in NRS 125.320 to 125.350, inclusive.
[Part 1:147:1931; A 1951, 58]-(NRS A 1959, 196)
NRS 125.320 Cause for annulment: Lack of consent of parent or guardian.
1. When the consent of the father, mother, guardian or district court, as required by NRS 122.020 or 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction.
2. If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriage contracted without the consent of the father, mother, 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 husband and wife. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.
[Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445; 1943 NCL § 4051] + [Part 19:33:1861; A 1947, 445; 1943 NCL § 4067] + [Part 20:33:1861; A 1947, 445; 1943 NCL § 4068]-(NRS A 1973, 1578; 1975, 1818; 1977, 275)
NRS 125.330 Cause for annulment: Want of understanding.
1. 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.
2. The marriage of any insane person shall not be adjudged void, after his restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind.
[Part 19:33:1861; A 1947, 445; 1943 NCL § 4067] + [20:33:1861; A 1947, 445; 1943 NCL § 4068]
NRS 125.340 Cause for annulment: Fraud.
1. 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.
2. No marriage may be annulled for fraud if the parties to the marriage voluntarily cohabit as husband and wife having received knowledge of such fraud.
[Part 19:33:1861; A 1947, 445; 1943 NCL § 4067]
NRS 125.350 Cause for annulment: Grounds for declaring contract void in equity. A marriage may be annulled for any cause which is a ground for annulling or declaring void a contract in a court of equity.
[Part 1:147:1931; A 1951, 58]
NRS 125.360 Annulment of marriage contracted within state: No requirement of residence. Annulment of marriages contracted, performed or entered into within the State of Nevada may be obtained by complaint, under oath, to any district court of the State of Nevada for any cause provided by law for annulment of marriage.
[Part 1:147:1931; A 1951, 58]
NRS 125.370 Annulment of marriage not contracted within state: Jurisdiction of district court.
1. Annulment of marriages contracted, performed or entered into without the State of Nevada may, for any cause provided by law for annulment of marriage, be obtained by complaint, under oath, to the district court of any county if the plaintiff shall have resided 6 weeks in the state before suit be brought; otherwise, by complaint, under oath, to the district court of the county in which:
(a) The defendant shall reside or be found; or
(b) The plaintiff shall reside, if the latter be the county in which the parties last cohabited.
2. 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.
[Part 1:147:1931; A 1951, 58] + [3:147:1931; 1931 NCL § 4070.02]
NRS 125.380 Cause for annulment may be pleaded in divorce complaint. A cause of action for annulment may be pleaded in the same complaint with a cause of action for divorce.
[Part 1:147:1931; A 1951, 58]
NRS 125.390 Action in rem; status of parties determined. Any action brought in this state for annulment of marriage shall be an action in rem, and in addition to annulling or declaring the contract of marriage void the courts shall regulate and determine the status of the parties.
[2:147:1931; 1931 NCL § 4070.01]
NRS 125.400 Service of process. In any suits brought under this chapter for annulment of marriage, process shall be served in the same manner as in actions at law, and the courts shall have the same power upon a substituted or constructive service of process to annul a marriage and regulate and determine the status of the parties as they would have had if process had been personally served.
[4:147:1931; 1931 NCL § 4070.03]
Good luck.
IAAL
[Edited by I AM ALWAYS LIABLE on 02-09-2001 at 07:03 PM]
