North Carolina Info

North Carolina Divorce Start Your Divorce Find Professionals North Carolina Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum North Carolina Products Divorce by County

STATE Articles

Agreements Attorney Relationship Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Mediation Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

North Carolina Divorce Support North Carolina Divorce Online

North Carolina Annulments
Annulments in North Carolina

Annulment is a civil court process that declares a marriage never existed. Many people think an annulment is an easier or quicker alternative to a divorce; this is not so. Like most jurisdictions, North Carolina grants annulments in very limited situations.

The law governing annulments in North Carolina can be found in North Carolina Gen. Stat. 51-3, 51-4, and 50-11.1.

Grounds

Annulment in North Carolina terminates two types of invalid marriages - void marriages and voidable marriages.

In North Carolina, bigamy creates the only absolutely void marriage. This happens when one spouse was already legally married to another person. A bigamous marriage is never made valid, and in North Carolina, it can even be challenged after the death of one of the spouses. A bigamous marriage is automatically void and an annulment is not legally required; however, even in this situation, a person should still seek a court order annulling it.

A voidable marriage, by comparison, includes those in these situations:

  • Incest, which means the man and woman are closer than first cousins, such as double first cousins, uncle/niece, siblings;
  • “False pretenses,” which, for example, means the husband and wife got married believing the wife was pregnant, but then separated within 45 days of the marriage and no child was born within 10 months of the separation;
  • Either spouse was physically impotent at the time of the marriage (the impotence must be diagnosed by a doctor);
  • Either spouse was “not of sound mind” and incapable of entering a contract at the time of the marriage; or
  • One of the spouses was under the age of 16 at the time of the marriage unless there was a court order allowing marriage between ages 14-16 when the woman is pregnant.

Voidable marriages can be made legal or ratified by the actions of the partners. If the husband and wife continue to cohabit in a voidable marriage and then have a child together, their marriage may become valid.

For children of an annulled marriage, the former partners may seek court orders on child custody, visitation and child support.

Courts may award what is called post-separation support, which are payments to one spouse made by the other spouse, and attorneys’ fees. However, permanent alimony and equitable distribution of martial property are not available in an annulment.

Procedure

To get an annulment, one spouse will file a petition with the court in the county where the husband or wife lives. The petitioner must prove that the marriage is either void or voidable. The petitioner appears at a scheduled hearing and answers any questions the judge has. The judge then makes a decision as to whether the marriage is invalid.

Start North Carolina Divorce Start Your North Carolina Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
North Carolina Divorce Find North Carolina Divorce Professionals in Your Area:
Join the Network
North Carolina Divorce Products, Services and Solutions North Carolina Divorce Products, Services and Solutions
North Carolina Divorce Resources to Help You Through the Process.
Online Parenting Class North Carolina Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free North Carolina Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a North Carolina Divorce

 

Settle Your Divorce Negotiate Your North Carolina Divorce

 

Support Forum North Carolina Support Forum

 

North Carolina Sponsor

The Rosen Law Firm

Children In Between - Online Parenting Class


FEATURED TOOL - How to Stop Your Divorce (Even When You Think its Too Late)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"