A person filing for divorce in North Carolina must live in a residence separate from his spouse for one year before the marriage is dissolved. This often leads spouses to consider an annulment, which determines that a marriage never existed in the eyes of the law. This ruling states that the marriage was invalid or never legal. Spouses frequently have the misconception that annulments are possible if the marriage existed for just a short time, or if the partners never had sexual intercourse after the marriage took place. In fact, only a few, very specific factors enable the possibility of an annulment.
Investigate if you are eligible for an annulment. Annulment in North Carolina is possible if the parties are closer in relation than first cousins or are double first cousins. Other annulment criteria consist of either party being younger than 16, currently married or physically impotent at the time of the marriage. Annulments are often granted is a spoused lacked the mental capacity to enter into a marriage contract; or married under the guise of a fake pregnancy.
File a petition for annulment with the district court clerk in the North Carolina county where you live. Both parties meet in court for a hearing, just as they would for a divorce. Other actions of the court and filings are similar to a divorce.
Wait for the district judge to issue the order to make the annulment binding. The marriage is voided -- and never existed -- if the order is decreed. No separation of property -- or financial support -- is offered to either party due to the legal status that the marriage never existed.
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