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NLG Attorneys

Annulment Attorney in Omaha, Nebraska

What You Need to Know About Annulments

It may be easy to think a divorce and an annulment are one and the same, but there are important substantive differences. Broadly speaking, a divorce terminates a legal marriage, whereas an annulment states that the marriage was an illegal and invalid one. In effect, an annulment is a marriage that is essentially voided since the marriage never truly occurred.

To grant a marriage annulment, a Nebraska court will need sufficient proof that the marriage is annulment-eligible based on sound legal reasoning. An Omaha annulment lawyer from the Nebraska Legal Group has the experience needed to help you make that case.

Satisfying the Legal Requirements for an Annulment

If there are legal grounds for an annulment, you must file a complaint for the annulment in a county of Nebraska in which either party lives. After the filing, an adult other than yourself must serve your spouse with the complaint and accompanying annulment paperwork. Additionally, a court will want to know the place of residence for both parties, the reason for the annulment request, and when the invalidity of the marriage was first discovered.

Grounds for Annulling a Nebraska Marriage

An annulment may only be granted in Nebraska if one of the following is shown:

  • The marriage between the parties is legally prohibited by Nebraska law
  • Either party had a spouse living at the time of marriage
  • Either party was mentally ill or mentally challenged at the time of the marriage
  • The marriage was incestuous
  • The marriage was induced by force or fraud
  • Either party was impotent at the time of marriage
  • Either party could not legally consent to marriage and/or were underage and did not obtain parental consent

Any of these factors constitute legal grounds for a Nebraska annulment. In short, if the marriage violated Nebraska law, an annulment may be granted.

Seeking an Annulment

Since annulments are only granted for legally invalid unions, it is in your best interests to speak with qualified Omaha annulment attorneys who have a thorough comprehension of the state’s annulment laws. That way, you will receive legal counsel that helps you understand how those laws apply to the specifics of your case. Expect an honest assessment of the facts and advice that will leave you with a clear understanding of your legal options. If there is more than one option in your annulment case, an Omaha divorce and family law lawyer will advise you as to the best option and the best strategy for proceeding with your annulment case.

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Nebraska Legal Group Attorney

Contact Our Omaha Annulment Attorneys

Nebraska Legal Group provides clients with an annulment lawyer in Omaha who is here to answer all of your annulment and family law questions. Call us at 402.509.7033 or fill out our free case evaluation form to schedule an initial consultation with one of our Omaha divorce and family law attorneys. We will assess your case and let you know whether you have legal grounds for an annulment that will declare your marriage void and legally invalid.

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Frequently Asked Questions

Are annulment and divorce the same thing?

No. A divorce terminates a marriage but an annulment states that the marriage was invalid. The marriage is essentially void.

Can annulment be contested?

Yes, and annulment proceedings are, in fact, often contested by the other party. The burden is always on the party seeking annulment to show that at least one legal factor applies to their marriage that qualifies the marriage for annulment.

How long do annulments take?

Annulments do not take nearly as long as divorce proceedings, but they do not happen overnight either. The court will ultimately set the case for a hearing (essentially a trial), and the parties will be allowed to provide evidence to the court to support their cases. How long this takes in large part depends on how long it takes the court to set the matter for hearing, which depends on how busy their dockets are at the time the case is to be heard.

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Omaha Office

Two Old Mill, 10855 West Dodge Rd
Suite 240
Omaha, NE 68154

Lincoln Office

6940 O Street
Suite 314
Lincoln, NE 68510

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