Annulments in North Carolina are only available for defective marriages that are legally void or voidable. Examples of void marriages are bigamous marriages. Voidable marriages are valid until they are challenged in a proper court proceeding. Some examples of voidable marriages are if one or both of the spouses are:
- under the age of sixteen,
- too closely related by blood,
- physically impotent at the marriage ceremony,
- incapable of contracting at the time of the marriage.
Some exceptions to the above examples are:
- If one spouse dies and the parties lived together and had a child, the only ground for annulment is bigamy.
- If either party is under the age of sixteen and one party is pregnant with the other spouse’s child or a child was born to the parties, the marriage cannot be annulled unless the child is deceased at the time the action to annul is filed.
- If a female spouse represents to be pregnant, the parties separate within forty-five days of marriage, separation is continuous for one year, and no child is born within 10 months of separation.
Finally, if a person is under the age of 18 years old and procures a marriage license through fraud or misrepresentation, a parent of the underage party (or guardian) can bring an action to annul the marriage.
Typical marriages do not fall under this category and instead require a continuous separation for one year. The lawyers at King Law can help you get a better sense of where you stand. We invite you to come in and talk with one of our attorneys in person during a consultation. Our number is 888-748-KING (5464).