ANNULMENT

In North Carolina, it is difficult to get an annulment. There are certain exceptions, but none of them are based on length of marriage or whether or not the marriage was consummated.

Pursuant to North Carolina law, the only cases in which an annulment may be considered are:

  1. Marriage between any two persons nearer of kin than first cousins, or between double first cousins;
  2. Marriage between a male person under 16 years of age and any female, or between a female person under 16 years of age and any male;
  3. Marriage between persons either of whom has a husband or wife living at the time of such marriage (bigamy);
  4. Marriage between persons either of whom is at the time physically impotent; or
  5. Marriage between persons either of whom is at the time incapable of contracting from want of will or understanding.

Additionally, a marriage contracted under a representation and belief that the female partner to the marriage is pregnant, followed by the separation of the parties within 45 days of the marriage which separation has been continuous for a period of one year, shall be voidable unless a child shall have been born to the parties within 10 lunar months of the date of separation.

Call 704-867-2828 to schedule a consultation regarding your family law matter.