An annulment is a legal process resulting in a court order voiding a couple’s marriage. Legally, an annulled marriage never existed. Annulment is an alternative to divorce, which dissolves a marriage but does not erase it.
To obtain an annulment, either partner must file an annulment petition and provide evidence to the court that shows how their situation fits one of several circumstances allowing an annulment under North Carolina law.
The attorneys of Charles R. Ullman & Associates in Raleigh, NC, can help you determine whether you have the legal grounds to seek an annulment in North Carolina. If an annulment is right for your situation, we can help you file the annulment form and supporting evidence. Your spouse may agree to or dispute an annulment petition, and we can represent you in court if necessary.
Contact Charles R. Ullman & Associates in Raleigh to discuss your need for an annulment of your marriage today.
Grounds for Annulment in North Carolina
When a marriage is annulled, it is legally the same as if the couple never married. However, there are strict terms for when it is allowed. North Carolina marriage laws specify the legal grounds for annulment, including:
- Either party was not yet 16 years old, unless the marriage was allowed by a court order due to pregnancy.
- Either party already had a living spouse from an earlier marriage when they got married again.
- Either party was incapable of consenting to the marriage vows at the time of marriage because of mental incompetence or force.
- Either party believed falsely at the time of the marriage that one party was pregnant and the couple separated within 45 days of the marriage and stayed separated for at least 12 months, unless a child was born within 10 months of the date of separation.
- The marriage is between two people who are related by blood closer than first cousins.
- The marriage is between double first cousins (cousins who share both sets of grandparents).
- Either party was physically impotent at the time of marriage.
How Long Do You Have to Annul a Marriage in North Carolina?
How long the couple has been married is not a factor when a court considers a petition for annulment. The circumstances of at least one person in the marriage must make the marriage qualify for a legal annulment based on one or more of the factors above.
However, once you realize you may have reason to have your marriage annulled, you shouldn’t wait. A Raleigh annulment attorney at Charles R. Ullman & Associates can help you proceed without undue delay.
Void vs. Voidable Marriages in North Carolina
There are two types of marriage eligible for annulment: “void” and “voidable” marriages. Having a “voidable” marriage requires you to ask the court to issue an annulment to end the marriage. On the other hand, a “void” marriage does not require going to court and receiving an annulment. The State of North Carolina does not recognize a void marriage as ever having been valid.
For example, if a marriage involves a spouse who is already legally married to someone else (bigamy), it is illegal and void. A void marriage was never legally valid. Other cases, such as impotence, are only voidable. You may choose to end your marriage if your spouse was impotent at the time of your marriage, meaning the marriage is voidable.
If your marriage is void, you technically don’t have to go through the annulment process because the marriage was never valid. However, it can be helpful to have the court declare a void marriage annulled to clarify your marital status and prevent disputes about property ownership.
Process of Annulment in North Carolina
Having your marriage annulled in North Carolina is a relatively simple process when it is the right thing for the couple and neither partner opposes it. If you are interested in an annulment, you should first make sure you qualify. Being unhappy or realizing that you’re not suited for marriage is grounds for a divorce but not an annulment.
Once you determine you qualify to have your marriage annulled, you must:
- File a petition for annulment in the district court in the county where your spouse lives.
- Provide evidence that your situation meets one of North Carolina’s grounds for annulment. Grounds for an annulment might be substantiated with a birth certificate, marriage license, medical records, or affidavits from either party, witnesses, or a medical professional.
- Attend a hearing before a judge who will rule on your petition.
If there is no opposition to your petition and you have supported your claim of grounds for an annulment, the judge should annul your marriage. Legally, it will be as if it never happened.
If your spouse opposes the annulment, the judge will weigh their argument.
How an Experienced Family Law Attorney Can Help with Your Annulment
As your attorneys, Charles R. Ullman & Associates can help you determine eligibility for annulment, get proof of your eligibility, complete and file your petition, and represent you at the hearing. If your spouse opposes annulment, we will closely question and counter their arguments on your behalf.
If an annulment is not possible, we can help you obtain a separation and absolute divorce as efficiently as possible under North Carolina’s no-fault divorce laws. You can divorce your spouse in North Carolina for any reason, including simply wanting out of the marriage. Reach out to us today to discuss your options.
Contact a Family Law Attorney to Dissolve Your Marriage
Whether you qualify for an annulment or must seek a divorce, you will benefit from having an experienced North Carolina family law attorney looking out for your interests as you end your marriage. With more than 25 years of experience, Charles R. Ullman & Associates is a respected law firm in Raleigh led by a North Carolina State Bar-certified Family Law Specialist. We are focused exclusively on family law services, including all aspects of separation and divorce, annulment, child custody, child support, and related issues. Our skilled legal team has helped many couples successfully end their marriages, such as this one:
“Charles Ullman & Associates is certainly the best law firm in all of North Carolina. I had a very difficult and challenging divorce case, that required a keen knowledge of the law, as well as a dedicated commitment to achieve the best outcome. Charles Ullman provided all of this, and more.”
– John
Let us help you move forward with your life. Contact us online or at (919) 829-1006 today to schedule a consultation with one of our North Carolina annulment attorneys.
