Nevada Annulment and Prohibited Marriage Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 30, 2022

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Each state has different laws concerning what types of marriage are prohibited. Each state also has laws concerning the grounds upon which someone can pursue a civil annulment.

This article summarizes Nevada's laws related to prohibited marriages and civil annulments.

Civil Annulments and Prohibited Marriage Laws in Nevada

State marriage laws regulate the institution of marriage. That regulation includes annulment and certain restrictions on who may get married.

Annulment is different from divorce. Civil annulment is the legal process of invalidating a marriage. Divorce is the ending of a valid marriage. Nevada recognizes several grounds for annulment.

Nevada marriage laws also ban marriage between people who are more closely related than second cousins.

The following chart highlights the main provisions of Nevada's annulment and prohibited marriage laws. See FindLaw's Marriage Law Overview section for additional articles and resources.

Grounds for Annulment

 NRS §125-300 allows a marriage to be annulled for the following reasons:

Time Limits for Obtaining Annulment
  • Underage: Within 1 yr. after 18, may not annul if parties voluntarily cohabit (NRS §125-320)
  • Insanity: may not annul if freely cohabit after restored to sound mind (NRS §125-330)
  • Fraud: May not annul if after discovery parties voluntarily cohabit (NRS §125-340)

Legitimacy of Children

 NRS §125-410 says the children of an annulled marriage are legitimate.

Prohibited Marriages

 Under NRS §122.020, "two persons, regardless of gender, who are at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a spouse living, may be joined in marriage." Nevada law prohibits anyone from marrying who has a living spouse. It also prohibits marriage between the following:
  • Ancestors or descendants
  • Brother and sister
  • Aunt and nephew
  • Uncle and niece
  • First cousins

Same-Sex Marriage in Nevada

As with many states, Nevada once banned same-sex marriage statewide. It appeared the district courts would support the ban but the State Attorney General (AG) refused to defend the law, correctly saying the federal appeals court would likely strike it down. A 2015 U.S. Supreme Court decision, Obergefell v. Hodges, ruled that state bans on same-sex marriage were generally unconstitutional. The court reasoned that these laws violated the Equal Protection guarantees of the Fourteenth Amendment.

Get More Information and Legal Assistance for Your Case

Ending a marriage can be a difficult decision, especially if you are wondering if your marriage was legal. You can find more information about this topic by visiting FindLaw's sections on annulment, divorce, and marriage. If you want legal assistance with your case, consult an experienced Nevada divorce attorney.

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