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An annulment is a court order that declares
a marriage void. That means that the marriage
is considered to have never existed. A person
that has had a marriage declared void by annulment
can indicate that they have never been married.
Grounds for Annulment
In North Carolina there are very few circumstances in which a marriage can
be declared void. The length of time married
is not a determining factor to request an
annulment. One of the six following criteria
must be proven in District Court to have a marriage
declared void:
- A marriage between any two persons
nearer in relationship than first
cousins. First cousins are the son or
daughter of an uncle or aunt.
- A marriage between double first cousins.
Double first cousins occur when a set
of brothers marries a set of sisters, or
a brother and a sister marry another sister
and brother, and they produce children.
The children of these two marriages are
double first cousins.
- A marriage between a male person
under 16 years of age and a female (with
the exception of a court order as a result
of a pregnancy when between the ages of
14 and 16).
- A marriage between a female person
under 16 years of age and a male (with
the exception of a court order as a result
of a pregnancy when between the ages of
14 and 16).
- A marriage where either of the parties
is physically impotent at the time
of the marriage. Impotence must be permanent,
incurable and medically diagnosed by a doctor.
- A marriage between persons either of
whom is, at the time of the marriage, incapable
of contracting due to want of will or
understanding is not automatically
void. The test for determining mental capacity
of someone to enter into a contract to marry
is the ability of the person, at the time
of the marriage, to understand the special
nature of a contract of marriage, and the
duties and responsibilities which it entails.
Such a determination is made on a case-by-case
basis.
Read
North Carolina law regarding annulment No marriage, except for a bigamous* one which
is followed by the spouses living together and
the birth of a child, shall be declared void
after the death of either of the spouses. Also,
no marriage by anyone 16 years old and otherwise
competent to marry will be declared void when
the girl is pregnant, or when a child has been
born to the parties, unless at the time of the
action to annul, the child has died.A marriage
contracted under the representation and belief
that the female is pregnant, will be
voidable unless a child has been born
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.
Finally, church annulments are not the same
as legal annulments.
*In North Carolina, only a bigamous marriage
and marriage between two people of the same
gender is automatically void and does not require
court action to make it so. A bigamous marriage
is a marriage between persons either of whom
already has a husband or wife living at the
time of the subsequent marriage. This differs
from the voidable marriage above that that requires
a court order.
The attorneys at Haas McNeil & Associates,
P.A. will be happy to assist you through the
complex legal process. Commitment and responsiveness
to our clients' needs are our top priorities.
Please contact us at 1-866-783-9669,
or via our online contact
form, to get more information and schedule
a consultation with one of our attorneys about
annulment process and procedure.
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