Charlotte Divorce Lawyer Blog
Annulment FAQ in North Carolina
What is Annulment?
Annulment is a legal process that results in a marriage being null and void. When an annulment is granted by the court, the parties are no longer married under the law. When a marriage is annulled, it is as though it never existed. The marriage is void retroactively, meaning the marriage no longer exists, and the parties are in the same place they were prior to getting married.
What is the Difference Between Annulment and Divorce?
When a couple gets a divorce, they end their marriage and distribute their marital property. An annulment means the marriage never really happened in the eyes of the law. The annulment does not require the couple to legally divide their property because their property remains separate. An annulment may only be granted when a couple meets specific requirements or grounds.
What are the Grounds for Annulment?
There are limited grounds for annulment. Only if a couple meets the specific requirements will the judge consider granting an annulment. If the requirements are not met, the couple will need to seek a divorce to end their union.
- Incest – People who are closely related by blood are not allowed to marry. An incestuous marriage is, therefore, not legal.
- Bigamy – In North Carolina, a person is allowed to be married to only one person at a time. If a person is still married at the time of another marriage, the latest marriage is not legal.
- Underage – The legal age to marry in North Carolina without parental consent is age 18. A person aged 16 or older may marry if they have written parental consent.
- Mental Illness – A party may request annulment if their partner has a serious mental illness that was not disclosed prior to marriage. A marriage may be voided if one party does not have the mental capacity to make the decision.
- Impotence – If a partner is impotent and unable to consummate the marriage, it may be possible to request an annulment. The condition must be unknown before marriage and must be proven through medical diagnosis.
- Lack of Consent – Both partners must agree to the marriage of their own free will. If the marriage was done as a result of coercion, force, or trickery, the party did not consent to the union.
- Mistaken Pregnancy – If the marriage took place because parties believed the woman was pregnant, it may be eligible for annulment if there was no actual pregnancy.
Are There Time Limits to Get an Annulment?
North Carolina law does not specifically limit the time you have to request an annulment. However, must file for annulment while both spouses are alive in cases where the couple lived together and shared a child. The exception is when the grounds for annulment are bigotry. In that situation, a party may request an annulment even if their spouse has passed away.
How Do I File for Annulment?
The process of requesting annulment begins by submitting a petition to the court. You will need to gather documentation to prove the grounds. In order to consider granting annulment, the judge will review the details and evidence provided by the parties. An annulment is typically more difficult to obtain than a divorce; you must be prepared to provide proper evidence to substantiate your claim in order for the judge to make a decision. The judge will approve or deny an annulment based on evidence that the grounds for annulment have been sufficiently met.
If you are considering annulment, consult with our legal team. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to discuss your legal needs.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/annulment
https://www.law.cornell.edu/wex/annulment
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