Annulment

An annulment declares a marriage invalid, as if the parties had never married. Either party can declare a marriage invalid if his or her conduct provides the basis for annulment. North Carolina divorce law distinguishes two types of marriages that can be annulled -- those that are void from their inception and those that are voidable. The length of a marriage does not matter in determining whether an annulment may be granted.

Grounds for Annulment

In North Carolina, only a bigamous marriage or a marriage between two people of the same gender are automatically void and do not require court action to make them so. Otherwise, the following circumstances would constitute grounds for the court granting an annulment as a result of a void marriage:

  • All marriages between any two persons nearer of kin than first cousins.
  • All marriages between double first cousins.
  • All marriages between a male or female, either of whom is under 16 years of age.
  • All marriages between anyone with a spouse living at the time of the marriage.
  • All marriages between persons, either of who is, at the time, physically impotent.
  • All marriages between persons, either of who is, at the time, incapable of contracting from want or will or understanding the marriage vows.

Conditions Involving Pregnancy

In addition, North Carolina statutes list the following conditions if pregnancy or childbirth is involved:

  • No marriage, except for a bigamous one, which is followed by cohabitation and the birth of a child, shall be declared void after the death of either of the parties.
  • No marriage by persons, both of whom may be under 16 years of age, and otherwise competent to marry, shall be declared void when the girl shall be pregnant, or when a child shall have been born to the parties unless the child, at the time of the action to annul, shall be dead.
  • A marriage contracted under the representation and belief that the female partner to the marriage is pregnant shall be voidable unless a child has been born to the parties within 10 lunar months of the date of separation, if the parties separate within 45 days of the marriage and the separation has been continuous for a period of one year.

Like a divorce, an annulment is a court procedure that dissolves a marriage. However, unlike a divorce, an annulment treats the marriage as though it never happened. Annulments are difficult to prove and are rarely used in lieu of a divorce.

If you have an interest in seeking an annulment, would like further information, or have questions regarding your individual situation, please Contact Us today to schedule a consultation with one of our experienced Family Law attorneys.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.