North Carolina Annulment Divorce Attorneys

Sometimes, marriages don’t work out as intended, and you want to separate from your partner. Most people think of divorce when discussing the separation of a married couple. However, another option for separating couples is an annulment. Consider the following to understand more about what separates the two:

Divorce

A couple filing for a divorce is dissolving the legal union by a court. When a couple gets a divorce, they declare that they are no longer married and are single again. In most cases, couples can only file for a divorce and do not qualify for an annulment.

Annulment

While an annulment also works to separate the couple and dissolve the marriage, the main difference is that an annulment treats the marriage as if it never existed. Certain circumstances must be met to be eligible for an annulment, and often these take place during the first few weeks after marriage. Due to the fast pace, property division, debt division, and child custody are not involved in the process.

For an annulment to work, the couple must meet specific requirements. Because an annulment works to erase the marriage and not just separate, only a few individuals can qualify. Working with a North Carolina annulment lawyer to help guide you through the process can make each step smoother.

Back to top

If you’re interested in seeking an annulment from your marriage, certain qualifications must be met. Often, this process happens quickly and efficiently, so many couples are interested in what it takes to be eligible for the process. The following are North Carolina’s annulment requirements:

• Family member marriages: The couple is more closely related than first cousins or is double cousins. For example, double first cousins, uncle/niece, siblings.
• Underage spouse: One of the spouses was under the age of 16 at the time of the marriage.
• Impotence: A spouse is medically diagnosed by a physician as physically impotent.
• Lack of mental capacity: A spouse was “not of sound mind” and incapable of entering a contract at the time of the marriage.
• False pretenses: A marriage that happened under “false pretenses,” which means the couple got married believing the wife was pregnant. However, they separated within 45 days of the marriage, and no child was born within ten months of the separation.

The requirements of an annulment show that the process is meant for couples who were married under conditions that make them unfit for each other. If you fall under any of the above categories and are interested in an annulment, discuss your options with your annulment lawyer.

Back to top

North Carolina recognizes children born in voidable marriages as legitimate and has the same child support and custody rights as children born within divorced marriages. This means that the annulment does not affect parental rights and obligations. While the marriage may become void and erased from the record, the law protects a child’s right to their parents.

For child support and custody, both are decided by looking at the child’s needs and assessing the best possible option for their well-being and future. From medical needs to maintain their education and hobbies, the court will consider all the necessary funding for child support or custody.

Back to top