Annulment and Separate Maintenance in Nevada

Part of my Nevada Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 11, chapters 121 through 130 (current through the 2025 legislative session and 2026 special session revisions)

In This TopicNevada Family LawTopic 6 of 15: Annulment & Separate Maintenance

Divorce is not the only kind of case Nevada’s chapter 125 allows. A spouse may instead ask for separate maintenance, a court action for permanent support brought without applying for a divorce (NRS 125.190). Or a spouse may ask the court for an annulment of the marriage for one of the causes the law allows (NRS 125.300).

Both kinds of cases share some rules with divorce. For example, no court may grant separate maintenance or an annulment if there are minor children residing in Nevada who are the issue of the relationship without first providing for their medical and other care, support, education and maintenance as required by chapter 125B of NRS (NRS 125.007(1)). For a divorce, see Divorce in Nevada.

Separate Maintenance

Who May File

A person may bring an action in district court against his or her spouse for permanent support and maintenance of himself or herself and their children, without applying for a divorce, in either of two situations (NRS 125.190):

• The person has any cause of action for divorce; or
• The person has been deserted and the desertion has continued for 90 days.

The causes for divorce are incompatibility, living separate and apart for 1 year without cohabitation, and insanity existing for 2 years before the case is started (NRS 125.010).

Where to File and Procedure

The suit may be brought in the county where either spouse resides when the suit is started, or in the county where the other spouse may be found (NRS 125.250). The proceedings and practice must be the same, as nearly as may be, as in divorce actions (NRS 125.250).

Orders While the Case Is Pending

• Litigation costs and support. The court may, in its discretion, require either spouse to pay money needed to carry on the action and for the support and maintenance of the other spouse and their children (NRS 125.200(1)). It may not order spousal support if that is contrary to an enforceable premarital agreement (NRS 125.200(2)).
• Notice of pending action. At any time after the complaint is filed, the complaining spouse may record a notice of pendency of the action with the county recorder in any county where the other spouse may have real property (NRS 125.220(1)). The notice has the same effect as notice in actions directly affecting real property (NRS 125.220(1)).
• Protecting property. The court may enjoin (prohibit) either spouse from disposing of any property while the action is pending (NRS 125.220(2)).
• Children. The court may make preliminary and final orders it deems proper for the custody, control and support of the spouses’ minor children (NRS 125.230(1)). See Child Custody and Child Support.

What the Court May Order

In a separate maintenance action, the court may (NRS 125.210(1)):

• Assign and decree to either spouse the possession of any real or personal property of the other spouse;
• Order payment of a fixed sum of money for the support of the other spouse and their children;
• Require that the payments be secured by real estate or other security, or make any other suitable provision; and
• Decide the time and manner of the payments.

The court may not assign property possession or order a fixed sum for the other spouse’s support if doing so is contrary to an enforceable premarital agreement (NRS 125.210(2)). Subject to the same premarital-agreement exception, in deciding spousal support the court shall not attach, levy or seize federal disability benefits awarded to a veteran for a service-connected disability under 38 U.S.C. §§ 1101 to 1151 (NRS 125.210(3)).

A separate maintenance decree can also affect how property is classified. Property acquired after marriage is community property unless otherwise provided by, among other things, a decree of separate maintenance issued by a court of competent jurisdiction (NRS 123.220(2)). See Marital Property Rights.

Changing and Enforcing Orders

• Except as provided in chapter 130 of NRS, the court may change, modify or revoke its orders and decrees from time to time (NRS 125.210(4)). See Interstate Support.
• No order or decree is effective beyond the joint lives of the spouses (NRS 125.210(5)).
• Installment judgments for support may be modified only as to installments not yet accrued when a motion to modify is filed; the parties may still stipulate about accrued installments before a motion is filed (NRS 125.270).
• The court may enforce its judgment and orders as it deems necessary, including by appointing a receiver, requiring security, issuing execution, selling either spouse’s property as under execution, and punishing disobedience as contempt (NRS 125.240).
• If any payment required by a judgment or order in the case is in default, the court may enter judgment for the arrears, plus costs and disbursements not to exceed $10 and a reasonable attorney’s fee (NRS 125.280(1)).

Annulment

Void Marriages

Some marriages are void without any decree of divorce or annulment or other legal proceeding. These are marriages prohibited by law because of (NRS 125.290):

• Consanguinity (blood relationship) between the parties; or
• Either party having a former spouse then living, if the marriage was solemnized in Nevada.

A marriage void for these reasons does not bar prosecution for the crime of bigamy under NRS 201.160 (NRS 125.290). Nevada’s marriage chapter provides that two persons 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, with limited exceptions (NRS 122.020(1)). See Getting Married in Nevada.

Voidable Marriages: Causes for Annulment

A marriage may be annulled for any of the causes in NRS 125.320 to 125.350 (NRS 125.300). Several causes have built-in limits.

Cause	Rule	Limits
Missing consent for a 17-year-old	If the consent of a parent, guardian or district court required by NRS 122.025 for a minor who is 17 years of age was not obtained, the marriage is void from the time a court declares its nullity. It may be annulled on application by or on behalf of the person who failed to get the consent (NRS 125.320).	Not available if that person, after turning 18, freely cohabits with the other party as a married couple for any time. The case must be brought within 1 year after the person turns 18 (NRS 125.320(2)).
Want of understanding	If either party lacked the understanding to be capable of consenting, the marriage is void from the time a court declares its nullity (NRS 125.330(1)).	An insane person’s marriage will not be declared void after he or she is restored to reason if the parties freely cohabited as a married couple after that restoration (NRS 125.330(2)).
Fraud	If either party’s consent was obtained by fraud and the fraud is proved, the marriage is void from the time a court declares its nullity (NRS 125.340(1)).	No annulment for fraud if the parties voluntarily cohabit as a married couple after learning of the fraud (NRS 125.340(2)).
Equity grounds	A marriage may be annulled for any cause that is a ground for annulling or declaring void a contract in a court of equity (NRS 125.350).	None stated in NRS 125.350.

One thing that does not make a marriage void: a marriage solemnized by a person who professed to be an authorized officiant is not void because of that person’s lack of jurisdiction or authority, if the marriage was consummated with a full belief on the part of either spouse that they had been lawfully joined in marriage (NRS 122.090).

Where to File

Where the marriage took place	Filing rule
In Nevada	By complaint under oath to any district court of Nevada (NRS 125.360).
Outside Nevada	By complaint under oath to the district court of any county if the plaintiff has resided in Nevada 6 weeks before suit; otherwise, in the county where the defendant resides or is found, or where the plaintiff resides if that is where the parties last cohabited (NRS 125.370(1)). No Nevada court may annul an out-of-state marriage unless one party has resided in Nevada for 6 weeks before the complaint is filed (NRS 125.370(2)).

How an Annulment Case Works

• A cause of action for annulment may be pleaded in the same complaint as a cause of action for divorce (NRS 125.380).
• An annulment action is an action in rem (about the status of the marriage itself), and the court also regulates and determines the status of the parties (NRS 125.390).
• Process is served as in actions at law, and the court has the same power on substituted or constructive service as on personal service (NRS 125.400).
• If another state’s law affects the case, that law is presumed to be the same as Nevada law unless it is alleged and proved (NRS 125.420).
• Children of all marriages deemed null in law are legitimate (NRS 125.410(2)).
• If a party defaults on money ordered in an annulment case, the court may enter judgment for the arrears plus costs and a reasonable attorney’s fee (NRS 125.440).

Summary Proceeding for Annulment

Spouses who agree may use a summary proceeding for annulment (NRS 125.443). All of these conditions must exist when it begins (NRS 125.443):

• Either party meets the filing requirements of NRS 125.360 or 125.370 (NRS 125.443(1)).
• If there are minor children of the relationship or a known pregnancy, the parties have signed an agreement on the children’s care, support, education, maintenance and custody, or a Nevada court has made a child custody determination consistent with NRS 125A.305 or 125A.325 (NRS 125.443(2)). See Home State Jurisdiction.
• The parties have signed an agreement settling all potential contested matters (NRS 125.443(3)).
• The parties waive written notice of entry of the decree, appeal, requests for findings of fact and conclusions of law, and a motion for new trial (NRS 125.443(4)).
• The parties want the court to enter a decree of annulment (NRS 125.443(5)).

The case starts with a joint petition signed under oath by both spouses and filed in any district court, with an affidavit of corroboration of residency (NRS 125.445). Either spouse may revoke it before final judgment by filing a notice of revocation and mailing a copy to the other spouse by first-class mail (NRS 125.447). The final judgment does not bar an action to set it aside for fraud, duress, accident, mistake or other grounds recognized at law or in equity (NRS 125.449(2)).

Rules Shared With Divorce

• In judicial districts without a county of 700,000 or more people, the judge may appoint a referee in divorce, annulment or separate maintenance cases (NRS 125.005(1), (6)).
• In a divorce, annulment or separate maintenance action, a party may file a postjudgment motion to divide community property or debts omitted from the decree because of fraud or mistake, within 3 years after discovering the facts (NRS 125.150(3)). See Property and Debt Division.
• Child support orders must include an order for withholding or assignment of income unless the court finds good cause to postpone it or all parties agree otherwise in writing (NRS 125.007(2)).

How I Can Help

I help Nevada spouses compare separate maintenance, annulment and divorce under chapter 125 and understand which filing and residency rules may apply. If you believe your marriage may be void or voidable, or you need support without seeking a divorce, I can explain the statutes that bear on your situation. Request a consultation to discuss your situation.

This page provides general information about Nevada family law, based on the Nevada Revised Statutes as currently revised, and is not legal advice. Court rules, regulations (including the child support guidelines), and case law also affect family law matters. Every family is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.