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Quick Facts on Separation, Divorce & Annulment
(provided by Gilpin & Hatcher, P.C.)

1. Despite popular use of the term, "Divorce" is not the name for the process by which husbands and wives typically resolve all aspects of a marital dissolution, such as child custody, child support, spousal support, and property distribution
2. Two types of divorce: Absolute Divorce and Divorce from Bed and Board

   - Absolute Divorce - final end to a valid marriage
   - Divorce from Bed and Board - an authorized separation of a husband and wife by a court of law but not an ending to their marriage

3. Requirements for an Absolute Divorce (not based on incurable insanity)

   - The parties must have a valid marriage
   - Either husband or wife is a citizen and resident of North Carolina for at least six months at the time the complaint is filed
   - Husband and Wife separate with the intent of at least one of them to end the marriage
   - Must have lived separate and apart for at least one year immediately prior to filing of the complaint

4. Requirements for an Absolute Divorce (based on incurable insanity)

   - The parties must have a valid marriage
   - Either husband or wife is a citizen and resident of North Carolina for at least six months at the time the complaint is filed
   - Must have lived separate and apart for at least three consecutive years immediately prior to filing of the complaint by sane party

5. Requirements for a Divorce from Bed and Board

   - The parties must have a valid marriage
   - Either husband or wife is a citizen and resident of North Carolina for at least six months at the time the complaint is filed
   - Fault by either husband or wife as follows:

   Abandonment
   Maliciously turning the other out of doors
   Cruel and barbarous treatment endangering the life of the other
   Offering indignities to the person of the other spouse so as to render his or her condition intolerable and life burdensom
   Excessive use of alcohol or drug use
   Adultery

6. The following marriages are subject to annulment:

   1) Between any two persons nearer of kin than first cousins; or
   2) Between any two persons who are double first cousins; or
   3) Between a male person under sixteen (16) years of age and any female; or
   4) Between a female person under sixteen (16) years of age and any male; or
   5) Between persons either of whom has a husband or wife living at the time of such marriage; or
   6) Between persons either of whom is at the time physically impotent; or
   7) Between persons either of whom is at the time incapable of contracting from want of will or understanding; or
   8) A marriage entered into under the representation and belief that the female partner to the marriage is pregnant, followed by the separation of the parties within forty-five (45) days of the marriage and which continues uninterrupted for one (1) year, shall be voidable if no child is born to the parties within ten (10) lunar months of the date of separation.

7. There are defenses to an action for annulment.
8. Once an annulment is granted, the marriage is declared void from its inception.
9. No rights of marriage can flow from an annulled marriage.

   Information provided by:
   Gilpin & Hatcher, P.C. located at
   http://www.gilpinhatcher.com/
   
   Go to: North Carolina Articles and Resources
   
   

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