Getting a marriage annulled in North Carolina is not as easy as you may believe. Several criteria must be met in order for an annulment to be granted. Numerous legal grounds exist for declaring a marriage null and void, but in order for this to occur, both spouses must meet the legal requirements of the relevant jurisdiction.
Let’s take a look at what an annulment is and how it can be obtained in the state of North Carolina.
What exactly is meant by the term “Annulment of Marriage”?
In the eyes of the law, a marriage that has been annulled never existed in the first place. An annulment is to legally declare that a marriage was never legally valid and never took place. To be granted an annulment, it is necessary to present evidence demonstrating that the marriage should not have taken place under any circumstances.
Some of the Grounds in North Carolina for Obtaining an Annulment
In North Carolina, an annulment can be granted for a variety of different reasons. Some of these factors include the following situations involving one of the spouses:
- When the current marriage took place, the person was already married to someone else.
- Inability to physically consummate the marriage or unable to have sexual relations due to infertility.
- Incapable of providing informed consent to the marriage due to incompetency or incapacity.
- When the marriage took place, she was younger than 16 years old.
It is also possible to get an annulment if the spouses are:
- Siblings.
- Children that are double first cousins; those whose parents are first cousins twice removed. This occurs when sisters marry two brothers.
How to Obtain an Annulment in North Carolina
You can file a petition for an annulment with the clerk of court wherever you live if any of the aforementioned circumstances apply to your marriage, and you want the marriage to be dissolved. The petition needs to specify which of the possible grounds for annulment it is based on. After you have submitted the petition, your spouse will be given paperwork that informs them of the annulment case that is being pursued.
After that, your partner will get a chance to respond to the annulment of the marriage. In the event that your partner does not respond, the court has the discretion to give you an annulment without holding a hearing. If your spouse decides to respond, there will be a hearing at which both of you will have the opportunity to present evidence. Following the hearing, the court will make a decision regarding whether or not to annul the marriage.
Consult an attorney if you are interested in obtaining an annulment but are uncertain about whether or not you satisfy the prerequisites.
An expert family law attorney can assist you in understanding your alternatives and lead you through the process of resolving your family law matter.
When an Annulment Is Not an Option and You Need a Divorce
An annulment can only be granted in circumstances in which the marriage was never supposed to take place legally. You are not eligible for an annulment on the grounds of:
- Duration of the couple’s marriage.
- Your spouse cheated on you, and now you wonder whether the two of you were ever truly meant to be together.
- One partner may have had a change of heart regarding the kids.
- After being married, the clinical insanity of one partner caused problems.
- Abuse or violence within the home.
- After getting married, a partner falls into a coma or vegetative state.
In the situations described above, it is impossible to acquire an annulment. However, just because you are unable to get an annulment does not mean that you are required to remain married. You can lawfully separate from your spouse in the state of North Carolina.
Filing for Divorce
The state of North Carolina is one of the few that allows “no-fault divorces.” It is possible to divorce your partner while avoiding placing blame on either party and by cooperating with them to resolve any issues that have arisen. When both parties are involved in the decision-making process on the terms of the divorce, the process is simplified, and the costs associated with it are reduced.
An “uncontested divorce” is one in which the spouses can resolve their divorce-related difficulties outside the courtroom. You and your spouse may find it helpful to work out the details of separation and divorce agreements together with the help of an expert attorney that you choose and hire.
You are required to satisfy the following conditions to file for an uncontested divorce:
- At least one of you must have been a resident of NC for the past six months.
- You do not want alimony, or you can come to an agreement over the amount.
- You do not require a split of property that has been ordered by the court.
- You have spent the better part of a year living away from one another in separate locations.
- Issues pertaining to child support, custody, and visitation can be resolved amicably between you and your partner.
If you and your partner are unable to resolve your disagreements amicably, you will need to hire solicitors to negotiate agreements on your behalf, or you can take your dispute to court and let a judge decide the outcome. Your attorney specializing in family law can assist you at every stage of the divorce process, regardless of the method you decide to use.
We Can Help
Together, we will choose the most effective method to end your marriage. In the event that the wedding should not have taken place, we will be able to assist you in obtaining an annulment.
However, divorce is necessary for most marriages that fail.
Get in touch with us at https://www.garrettandwalker.com/ so that we can help you find the most suitable solution for your problem. We frequently assist couples in obtaining divorces that are amicable and uncomplicated. However, if you and your partner are unable to reach a consensus on the most significant matters, we will advocate in court for your rights as a spouse. Get in touch with us so that we can discuss the ways in which we can assist you in navigating this difficult period of your life.