Legal Question in Family Law in Nevada


I was married in NV in 1995, I then found out the man I married was still leagally marrried in CA. I now am thinking of getting married but need to know if I need to file for divorce, anullment, or do nothing at all. I am currently a resident of MN, I was a NV resident in 1995.

Asked on 9/19/07, 3:45 pm

4 Answers from Attorneys

J. Chris Carpenter Chesley Kroon Chambers and Harvey

Re: Annulment

I think you should consult with a Nevada lawyer to find out how they treat situations like this. Maybe under Nevada law, the fact that he was already married when you married him makes your marriage 'void.'

If it is void, it means it didn't happen (sort of).... The Nevada lawyer may give you more information.

Under Minnesota law ( M.S. 518.01 and M.S. 517.03), your marriage is VOID and you don't need any paperwork. But, I also think you would need to document his prior California marriage and the fact he never got divorced.

Good luck!

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Harvey & Carpenter

[email protected]

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Answered on 9/19/07, 4:14 pm

Jim Herbe Black & Lobello

Re: 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.

If you can show that your husband was married at the time of your 1995 marriage it is void on its face.

You have the ability to file for such a decree in Nevada courts if you'd like for formality sakes.

Contact my office if you have any questions regarding your matter.

Best Regards,

Jim Herbe

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Answered on 9/19/07, 4:14 pm
Adam Breeden Breeden & Herbe, Ltd.

Re: Annulment

You need to file for annulment. You may file in Nevada since the marriage occurred here. There may be property division issues depending on whether your spouse tried to marry you in good faith (for instance, he thought he was divorced).

Please call me for a consultation. This could take a little time to "clean up" so if you want to get married again I suggest you start soon.

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Answered on 9/19/07, 4:45 pm
Anita Webster Webster & Associates

Re: Annulment

If your spouse was legally married to another person when he married you then your marriage is void but I think the best course of action is to get an annulment. If the marriage took place in Nevada you can get an annulment in Nevada without being a residence. If you were not married in Nevada you would have to be a resident of Nevada.

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Answered on 9/19/07, 4:56 pm

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