how to get an ANNULMENT IN NC
CIVIL & RELIGIOUS ANNULMENTS in north Carolina
An annulment is a civil court process that declares a marriage never existed. … This is not the same as a religious annulment, which can only be granted by your church and has no legal effect on your marital status.
What Makes You Eligible For An Annulment?
A marriage in North Carolina may be annulled if said marriage is:
- Between any two persons nearer of kin than first cousins; or
- Between any two persons who are double first cousins; or
- Between a male person under sixteen (16) years of age and any female; or
- Between a female person under sixteen (16) years of age and any male; or
- Between persons either of whom has a husband or wife living at the time of such marriage; or
- Between persons either of whom is at the time physically impotent; or
- Between persons either of whom is at the time incapable of contracting from want of will or understanding; or
- A marriage contracted under a 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 which separation has been continuous for a period of one (1) year, shall be unless a child shall have been born to the parties within ten (10) lunar months of the date of separation
- Lack of Consent
- Mental Illness
If an annulment is granted, the marriage is declared void from its inception or “void ab initio” and no rights of marriage will flow from an annulled marriage. For example, no spousal support is payable because no legal union ever existed, although child support will be ordered if you had children together. The Court has no authority to divide your property equitably, because legally there was never a marital estate.
HOW DOES an ANNULMENT
The law contains an important provision regarding children born during a void or voidable marriage: A child born during a voidable or bigamous marriage is legitimate in North Carolina, even if a court annuls the marriage. In other words, the annulment does not affect parental rights and obligations, including the requirement of child support.