Do I Need to Get the Marriage Annulled if I Wasn't Divorced When I Got Married?
Full Question:
Answer:
Marriages in Nevada are automatically void if one of the parties is already married. However, it may be possible to have a decree of annulment issued if needed. You may remarry in another state if you wish. I suggest calling the DMV to inquire about the administrative regulations governinig a premature name change. It may be possible to keep the driver's license in effect after the remarriage.
Please see the following NV statutes:
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.
NRS 125.430 Reporting and transcription of evidence: Filing and costs.
1. When ordered by the court, the evidence in annulment of marriage
actions shall be reported and transcribed and the transcript thereof filed
with the pleadings in the case.
2. The cost of such transcript shall be immediately computed by the
reporter and paid by the party ordered by the court to do so to the clerk
of the court, who shall pay the same to the reporter upon receiving from
the latter the transcript of evidence.
3. In all cases heretofore or hereafter where a transcript of evidence
has not been filed due to the death of the reporter, and a period of not
less than 5 years has elapsed and no claim has been made during that period
by any party, the amount of money on deposit with the clerk, and payable to
such reporter if a transcript of the evidence had been filed, shall be, by
the clerk, paid to the county treasurer, who shall deposit the same in the
county general fund.