Annulments

Annulment in North Carolina

An annulment is a legal procedure that declares a marriage null and void, as if it never legally existed. Unlike divorce, which ends a valid marriage, annulment establishes that the marriage was invalid from the beginning. In North Carolina, annulments are granted only in specific circumstances and require meeting strict legal requirements.

Grounds for Annulment in North Carolina

North Carolina recognizes several grounds for annulment, each addressing situations where a marriage should never have been legally recognized:

Lack of Legal Capacity: This includes marriages where one or both parties were under the legal age of consent (16 in North Carolina) without proper parental or court approval, or where one party lacked the mental capacity to understand the nature of marriage due to mental illness or disability.

Existing Marriage: If either party was already married to someone else at the time of the ceremony, the subsequent marriage is void. This includes situations where a previous divorce was not properly finalized.

Prohibited Relationships: North Carolina law prohibits marriages between close relatives, including siblings, parents and children, and certain other family relationships.

Fraud or Misrepresentation: When one party deceived the other about a fundamental aspect of the marriage, such as the ability or willingness to have children, existing marriages, or other material facts that would have prevented the marriage.

Duress or Force: If one party was coerced into marriage through threats, violence, or other forms of pressure, the marriage may be annulled.

Impotence: If one party is permanently and incurably impotent and the other party was unaware of this condition before marriage.

The Annulment Process

Filing for annulment in North Carolina requires specific documentation and evidence supporting your grounds. The process involves filing a complaint with the court, serving papers to your spouse, and presenting evidence during a court hearing. Unlike divorce, there are strict time limitations for some annulment grounds, making prompt action crucial.

The court will require clear and convincing evidence that one of the recognized grounds for annulment exists. This burden of proof is higher than what’s required for divorce, reflecting the serious nature of declaring a marriage void.

Effects of Annulment

When an annulment is granted, the marriage is treated as if it never existed legally. However, this doesn’t affect the legitimacy of any children born during the relationship. Issues such as property division, spousal support, and child custody must still be addressed, similar to divorce proceedings.

Considerations Before Pursuing Annulment

While annulment may seem preferable to divorce for personal or religious reasons, it’s not always the best legal option. Divorce proceedings often provide more predictable outcomes for property division and support issues. Additionally, the strict requirements and time limitations for annulment make it unavailable in many situations.

If you believe your marriage may qualify for annulment, it’s important to consult with experienced family law attorneys who can evaluate your specific circumstances. At Eatmon Law Firm, PC, we help clients in Wake Forest and surrounding counties understand their options and guide them through the complex legal requirements.