Are you and your spouse looking to end your marriage? You may have heard about marriage annulment, but do you know anything about the process and if your marriage is eligible? Annulments aren’t interchangeable with divorce, or a quick and easy way to end a bad marriage. Very few conditions exist that grant an annulment request. We’ll go over these conditions and the long process, which can often be just as difficult as the divorce process.
Annulment in a Nutshell…
Requesting an annulment of your marriage means that you legally want you and your spouse to have never been married. After the legal procedure, the court will establish that marital status has never existed between you both. The marriage will be invalidated retroactively to the date of the inception of the marriage which differs from a divorce.
Am I Eligible for Annulment?
Today, all states recognize the annulment of a marriage. Each of them has its own conditions to grant an annulment. The family law in North Carolina allows annulment for some very specific circumstances and it depends mostly on the type of marriage spouses are unified by. Only Void Marriages and Voidable Marriages are allowed for annulment:
A Void Marriage is a marriage that is considered invalid as of its inception. In North Carolina, only one type of union meets this criterion: A Bigamous Marriage.
A bigamous marriage is when either you and your spouse are already married to someone else and you enter into a new marriage without ending your first one legally. However, North Carolina recognizes some limits of this condition: a marriage may not be annulled after the birth of a child or the death of either spouse.
For Void Marriages, court intervention is not required but it might be helpful to get one anyway to eliminate any confusion that may arise in the future. It can be done on your own but the process can be much smoother if you hire an experienced Raleigh attorney. Contact our experienced and dedicated attorneys at the Raleigh law firm of Doyle Law Group, P.A if you need support on your case.
Different from Void Marriages, the Voidable Marriage is not illegal. The only way to end a Voidable Marriage is to request a court order canceling your marital status. North Carolina state requires certain conditions from either or both spouse to be granted:
- Marriage between family members who are double cousins or with a lineage closer than first cousins.
- Spouses are younger than 16 when they marry. (However, if one of the spouses is currently pregnant or if a child was born to the marriage, the marriage is not voidable.)
- Either spouse was incapable of contracting to marry because of incompetence at the time of marriage.
- One spouse is impotent or lacks the mental capacity to consent to the marriage.
- A marriage entered because of a false pregnancy claim.
If you think you are eligible for one of these conditions, North Carolina courts will only approve your request if you can prove your grounds. You will have to file papers with the court and get a District Court Judge to enter an Order annulling the marriage.
The annulment process can be time-consuming and emotionally draining if your spouse contests the request. Our team of skilled Raleigh divorce and family law attorneys focuses on relentlessly fighting for the right of clients. We can advise and support you in your separation process.
Consult with a Raleigh Divorce Attorney
Our Raleigh legal team is available to help with your case. If you are considering an annulment, our divorce lawyers can assist you during the process and help you determine if this is the best course of action for you. Contact our Raleigh Family Lawyers today at (919) 301-8843 or complete the form below.
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