Can I get my Marriage Annulled in North Carolina?

Can I have my marriage annulled?

Is a question I get asked as a Family Law attorney more often than you might think. The reasons why vary, and trust me – I have heard them all. But, in North Carolina, there are specific stipulations that you must meet to qualify. Due to these requirements, annulments can be rare.

What is an annulment?

An annulment is not a divorce. A divorce terminates a marriage. In contrast, an annulment declares that the marriage never legally existed. This is why, in order for a marriage to qualify for annulment, it must first be legally void or voidable. But, what does that mean and what is the difference? This is where the annulment requirements come into play.

Though laws vary by state, generally, for a marriage to be void it must be considered unlawful or not valid. Essentially, annulments are awarded in cases where the courts determine the marriage should have never legally taken place. Hence, an annulment “erases” a marriage while a divorce “dissolves” it.

In North Carolina, the only marriages considered void are bigamous ones. Bigamy is when one person enters into a new marriage, while still married to someone else. You may also qualify for an annulment if any of the following apply:

Either party was already married at the time of the marriage (bigamy)
Either party was incompetent at the time of the marriage
Parties to the marriage are nearer of kin than first cousins
The marriage was entered into under the belief that the female was pregnant, the parties separate within 45 days of the marriage, and no child was born within 10 months of the date of separation
Impotence
Either party was under the age of 16 and there was no parental consent.

Even if you do not qualify for an annulment, you can still file for divorce. There are a variety of ways for couples seeking to split in North Carolina to do so efficiently and amicably including mediation, collaborative divorce, and even a few DIY options. An experienced family law attorney can help you determine if an annulment is available to you and, if not, talk you through all of your options.

Do you have questions about an annulment, separation or divorce? Contact us at email us, fill out our form on this page, or call 704-442-0000 to speak with one of our experienced attorneys.

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Written by

David E. Simmons

Principal

That’s how my late grandfather described me for as long as I can remember. My granddad owned a vegetable farm for over 50 years in eastern North Carolina. For nearly two decades, I worked alongside my grandfather, which gave him ample opportunity to test my common sense. As a lawyer, I take a common sense approach to all of my cases. I firmly believe that this approach helps me effectively advocate for my clients. I think it is common sense to listen to clients and to formulate a plan of action. It’s also common sense to return client phone calls, and to keep clients informed and engaged in the outcome of their case. Since moving to Charlotte in 2010, I have had the opportunity to gain invaluable experience in both civil and criminal law. Ultimately, family law is where I truly found myself at “home.” For the past several years, my practice has been one hundred percent devoted to family law. My passion for family law is rooted in my desire to help people work through some of the most difficult times of their lives, and my hope that each client will emerge from their particular challenge stronger. I know that each case that walks through my door is as unique as the family I am going to be helping. I strive to provide the highest quality of service while addressing the needs of each of my clients with the utmost care and courtesy. When I’m not in the courtroom, I enjoy exercising, playing pool, watching the Carolina Panthers (#KeepPounding), spending time outdoors with my family, and traveling. I especially enjoy spending family time with my wife and my two sons, David II, and Charles, who we named after my grandfather. I developed a strong work ethic while growing up on my granddad’s farm. I’m not afraid of a little (or a lot of) dirt. I also learned that you don’t just plant the seed and wait for the fruit. You have to have a schedule to see your plan through. I will work with you to create a distinctive plan of action for your case that places you in the best position to realize your goals. I am compassionate, a good listener, and I am always in search of creative solutions for my clients. Whatever your circumstances, I will guide you through with a confident smile. Rest assured. I look forward to meeting you. I received my Bachelor of Arts in Psychology from the University of North Carolina at Chapel Hill. While at UNC, I took on active leadership roles as a resident advisor, a volunteer with the Campus YMCA, and an active member of Phi Beta Sigma Fraternity, Inc. I later received my Juris Doctor degree from North Carolina Central University School of Law. During law school, I was a member of the North Carolina Central University Law Review and was a 2007-2008 Womble Carlyle Scholar. My wife Jerri and I moved to Charlotte, her hometown, in 2010.

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