Annulment of Marriage in North Carolina
Marriage is a sacred institution, and it is often entered into with the expectations of a lifetime commitment. However, sometimes things do not work out as planned, and couples end up seeking alternatives to dissolve their marriages. One of these alternatives is annulment, a legal procedure that declares a marriage null and void. This article will explore the annulment of marriage in North Carolina, its grounds, and the legal process involved in obtaining an annulment.
What is Annulment?
Annulment is the legal process of declaring a marriage null and void, meaning that the marriage was never legally valid in the first place. It is different from a divorce, which terminates a legally valid marriage. Annulment is not available in all cases, and it is not automatically granted even if the parties agree to it. Annulment is granted only if certain legal grounds are met.
Grounds for Annulment in North Carolina
North Carolina recognizes seven legal grounds for annulment. To obtain an annulment, the marriage must have been invalid from the beginning due to one of the following reasons:
1. Consanguinity – the parties are close blood relatives.
2. Bigamy – one of the parties was married to another person at the time of the marriage.
3. Impotence – one of the parties was unable to consummate the marriage due to physical or psychological reasons.
4. Duress – one of the parties was forced into the marriage against their will.
5. Fraud – one of the parties was deceived into the marriage due to something of material importance, such as the intended spouse’s true identity or financial situation.
6. Mental incapacity – one of the parties lacked the mental capacity to consent to the marriage at the time it was entered into, either due to mental illness, drug or alcohol abuse, or some other reason.
7. Underage marriage – one or both of the parties were under the age of 16 at the time of the marriage.
It is important to note that the legal grounds for annulment in North Carolina are narrow, and not all marriages that are unhappy or short-lived qualify for an annulment. The burden of proof is on the party seeking the annulment to show the court that the marriage was invalid from the beginning due to one of the above reasons.
Legal Procedure for Annulment
The legal procedure for annulment in North Carolina is similar to that of a divorce. The party seeking the annulment must file a petition in the district court in the county where they reside or where the marriage took place. The petition must state the legal grounds for annulment and provide evidence to support them.
After the petition is filed, the other party has the opportunity to file a response, either agreeing or disagreeing with the grounds for annulment. If they disagree, they must provide evidence to support their position.
In some cases, the court may hold a hearing to decide whether to grant the annulment. The party seeking annulment has the burden of proving that the marriage was invalid from the beginning. If the court grants the annulment, the marriage is deemed never to have existed, and the parties’ legal rights and obligations are determined accordingly.
Effects of Annulment
Annulment has several legal effects that are different from divorce. If annulment is granted, it is as if the marriage never existed in the eyes of the law. The parties’ legal rights and obligations are determined based on this premise. For example, property acquired during the marriage is not subject to the same division as in a divorce. Instead, it is treated as if it was acquired before the marriage and is owned by the individual who acquired it.
Furthermore, annulment does not qualify the parties for spousal support or alimony, as the marriage is considered to have never existed. However, child support and custody arrangements are still determined in the same manner as in a divorce, based on the best interests of the child.
Conclusion
Annulment of marriage is a legal alternative to divorce that should be considered carefully. In North Carolina, the legal grounds for annulment are narrow and must be proven by the party seeking the annulment. It is worth noting that annulment has several different legal effects than divorce, and it is important to understand these differences before proceeding with an annulment. If you are considering an annulment or have questions about the process, it is recommended to seek the advice of a knowledgeable family law attorney in North Carolina.
Quick Guide to North Carolina Annulments
Annulments of Marriages in North Carolina
Most laws for an annulment of Marriages in North Carolina are located in Chapter 51 of the state’s statutes. This section will mainly reference sections 51-3 and 51-2.1, but there are other statutes that may prove helpful in an annulment of Marriages in North Carolina.
Chapter 51-3 Want of capacity; void and voidable marriages provides the basic grounds for annulments of Marriages in North Carolina. Generally, marriages are voidable in the state of NC upon the following conditions:
1. the marriage was between two people closer in relation that first cousins or double first cousins
2. either spouse was under the age of 16 during the marriage (except in limited circumstances)
3. either spouse had another husband or wife during the second marriage
4. either spouse was physically impotent
5. either spouse was mentally incompetent during the marriage
As mentioned in number 2, some annulments of Marriages in North Carolina for a person marrying under the age of 16 may not classify as voidable in some circumstances. Chapter 51-2.1 states that person can marry under the age of 16, but not below 14, if the woman is pregnant and both sets of parents agree the marriage would serve the best interests of the child.
Steps for Annulments of Marriages in North Carolina
In order to legally undergo an annulment of Marriages in North Carolina, the party seeking the annulment must first qualify in one of the factors listed above. If you have children and property that needs divided, it’s always a good idea to hire an attorney when seeking an annulment of Marriages in North Carolina. Follow these steps closely:
1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of Marriages in North Carolina, and you’ll have to file a petition with the family court jurisdiction in which you reside. All of the forms you’ll need for annulments of Marriages in North Carolina can be located at your local Family court.
2. File the forms with the clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary orders for child support, spousal support, or other issues within annulments of Marriages in North Carolina.
3. Serve the forms to the other party: you can have the court send the documents to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.
4. Set up a court hearing: an annulment of Marriages in North Carolina must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial.
