How Long Do I Have To Get An Annulment?

There is no statutory deadline to get an annulment, but there is a practical deadline: once you know you have grounds for an annulment, you generally cannot continue treating the marriage as valid and expect to preserve your right to have it annulled.

In most cases, a party waives the right to seek an annulment if the parties continue to cohabit after learning about the ground for the annulment.

• Lack of capacity: If one or both parties were incapable of understanding what they were doing when they got married (perhaps because of intoxication or drug use), the right to seek an annulment is waived if the parties continue to cohabit after they regain capacity.
• Fraud: If the marriage was obtained by fraud, the right to an annulment is waived if the parties continue to cohabit after learning of the fraud.
• Underage marriage: If one party was under 18 years old, and that party did not have the consent of a parent or guardian, then the right to an annulment is waived if they continue to cohabit after they both turn 18 years old.

There are a few exceptions to this general rule. In these cases, the marriage can be annulled at any time. For instance:

• One party was already married; or
• The parties are closely blood-related (nearer than second cousins).

Nevada also permits annulment on grounds that would allow a court to declare a contract void, such as mistake, duress, or coercion. Because these claims arise from principles of contract law, a party who learns of the problem but continues the marriage without taking action may be found to have waived the right to seek an annulment.

In short, if you believe you have grounds for an annulment, even though there is no definite time period, you should contact an attorney immediately or risk waiving your right to an annulment.