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Thursday, May 12, 2016

The Basics of an Annulment in North Carolina

Many marriages end suddenly, but that does not always mean they have to end in a divorce. There is the option of filing for an annulment which would make for much less hassle, especially in a legal capacity. Here is a look at what constitutes grounds for an annulment and the subsequent benefits of an annulment in the state of North Carolina from Southpark Family Law of Charlotte NC.


First, it is important to know who qualifies for an annulment in North Carolina as it is not always a common occurrence. Marriages entered into based on fraud provide adequate grounds for an annulment. This would include marrying under false pretense and applies to situations where a spouse is duped into believing there is a baby coming.


Marriages between relatives also fall into the annulment category, as does being under the age of 18 without having legal content to marry.


When one spouse is impotent, an annulment can be granted. However, that impotence has to be documented and proven by a medical expert. Lastly, a person who is not mentally competent when entering into a marriage can receive an annulment. This instance applies to a person’s mental state at the time of the marriage and not afterward. There may be also rare and extreme circumstances, which would receive special consideration. Our experienced divorce attorneys are here to help answer your questions.


Keep in mind that bigamy is not permitted in North Carolina. A person who is legally married cannot enter into another marriage, which would make the second marriage null and void.


When a married couple is eligible for an annulment, they will not be subjected to the normal stipulations of a divorce. There will be no division of property because a judge will simply award all the property back to the original owners. The same premise also applies to debts as the original party will reassume the debts he/she brought into the marriage. When it comes to any debts that accumulated during the marriage, those will be split evenly between both spouses.


Prenuptial agreements are invalid when an annulment is reached because those agreements are based on a divorce or legal separation. An annulment is basically a declaration that you were not legally married.


If you are considering an annulment, contact a family law attorney at Southpark Family Law. Our experienced team of attorneys can advise you on the best route to take and help you through the entire process. Our firm also handles divorce law, child custody and child support cases.