How to Get a Marriage Annulled in North Carolina
In family law There are several reasons why couples get married and several reasons more for those same couples to get their marriages annulled. Often we’re asked about how to get a marriage annulled in North Carolina, at Cox Law Firm, we like to be a resource to all of our clients. If you have a question about an annulment in NC, give us a call at 704-243-9693, we are here.
What is an annulment?
A religious annulment is not the same as a divorce. However, like a divorce it is the separation of a married couple. Unlike a divorce, an annulment is a process within a secular and religious legal system to nullify and void a sanctioned sacrament. At the end of the process an annulled marriage is considered to be invalid from the beginning as if it had never taken place. A religious annulment is only recognized by the religious community. If a spouse wishes to legally dissolve their marriage they must pursue other avenues within the state and county legal system.
The grounds to pursue a religious annulment include fraud or misrepresentation and concealment. Fraud or misrepresentation means the one of the spouses lied about something such as their age, or marital status. Concealment means that one of the spouses hid a major fact about themselves such as a felony conviction or their identity.
Are You in Need of an Annulment in NC? Call 704-243-9693
A civil annulment is allowed in some states as a legal separation of couples. This is different from the religious annulment because it is held at a legal capacity and alters a couple’s marital status.
How to get an annulment in NC?
In North Carolina there are certain grounds that an annulment can be pursued. A qualifying circumstance of an annulment is if the parties are closer in relation than first cousins or are double first cousins. Other qualifications are if either party is:
- Younger than 16
- Currently married
- Physically impotent at the time of the marriage
- Married under the guise of a fake pregnancy.
It’s always best to speak to a family law attorney Charlotte, NC for help.
In North Carolina before a couple can be divorced they must live separately for a year before they can file. Due to this contingency many couples seek a faster route of separation. This is when a NC marriage annulment comes into play. They pursue a civil annulment because there are limited situational restrictions on how long a marriage lasted before seeking separation.
What About a Civil Annulment?
In a civil annulment, one spouse will file a case with the court in the county where the spouse lives. The spouse filing is responsible to prove to the judge that the marriage is either “voidable” or “void”. Both parties will meet in court just as they would for a divorce. However unlike a divorce once the annulment is granted there will be no separation of property, no financial support from one spouse to the other and the legal status of the marriage is as if it never existed.
What is a Voidable Annulment?
A “voidable” annulment falls under the categories listed previously. Marriage under false pretenses, if either party is under the age of 16, impotence, these are all grounds for a “voidable” marriage. A “void” marriage can only result from bigamy. Bigamy is when a spouse is already married to someone else after the marriage.
If You Need a Charlotte NC Annulment Lawyer Call Us at 704-243-9693
What Happens After an Annulment?
If a coupling had resulted in children what becomes of those offspring after an annulment? Usually in divorce there is a petition for joint custody or visitation rights. The same thing occurs after an annulment. The children maintain their legitimacy status and all the rights that are tied to that status. The same privileges negotiated in divorce such as child support don’t necessarily apply with annulments. These are separate topics that are taken care of outside of the filing for an annulment.
After the annulment has been nullified the parties are presented with a Certification of Absolute Divorce or Annulment. Like any contract, this is a binding legal note that solidifies the judicial verdict granted by the legal system.
If after an annulment a couple continues to live together and then later have a child together their marriage may become valid again. If this happens the couple may not seek out a NC marriage annulment again. The couple must file for divorce and follow the procedures of that system accordingly.
When You Need to Hire an Attorney for an Annulment in NC
Whether you are planning on getting a divorce or annulment it is alway wise to seek legal assistance. An experienced divorce lawyers Cox Law Firm will be like a mentor during this process and they will provide sound advice to their clients. Dissolving of a marriage is a tiresome and stressful process to endure alone. A legal aid will ensure that their clients leave with the best outcome possible and they will look out for their client’s best interests. We help clients with annulments in NC, give us a call at 704-243-9693 today