Legal Question in Family Law in Nevada
NV Marriage - Groom used fictional name
I married a man in Nevada that turned out to be a false identity and false backgound. Real name had a criminal record. I am an Australian and rang the USA Consulate and they told me that you can't be married to a fictional person, so the marriage is fictional, but it has to be legally removed from the NV Marriage Register. Told the best was was by annulment. Lawyers here in OZ can't help me. What can I do to have this recorded marriage removed? Thank you.
4 Answers from Attorneys
Re: NV Marriage - Groom used fictional name
Nevada law provides:
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.
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.
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.
After best efforts are made and documented to personally deliver annulment papers, a court may allow substituted service.
Your attorney can explain further.
Re: NV Marriage - Groom used fictional name
You file for annulment, you try to have him served at the last known address, and when that doesn't work, the process server tries to find him through the Department of Motor Vehicles and through the electric company.
You then tell the judge that you could not find him, and a notice is published in the newspaper. After five weeks, you get your annulment.
Re: NV Marriage - Groom used fictional name
You need to file a Complaint for annulment and serve him and then get a Default and then a Decree Of Annulment. You must prove the allegation of false identity.
Re: NV Marriage - Groom used fictional name
i agree that anulment is the most appropriate remedy. it all depends where you were married. if you were married here in austrslia then you would file the application and seek the courts permission to serve the application by substituted service. in this case that might be on the sister. if you were married in usa you may need to consult a lawyer there. it is a little tricky but is doable. if you need some help call me. email address is [email protected]. greg shoebridge
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