A Foreign Annulment for a NC Resident

If she was still married at the time of your wedding you can get an annulment if you are a NC resident.

from else where on this site
"Can I get an annulment?
Generally the answer to this question is no. Annulments are available only in limited circumstances in North Carolina… between persons either of whom has a spouse living at the time of the marriage…


Dear Brad187:

Possibly, if you can prove she is married to someone else, but how do you plan on doing that? Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I would start by trying to get documentation from the her home country showing her marriage and lack of divorce as well as proof the first spouse is still alive. You will need a local lawyer to do the records search.

If she is willing to help provide you with the documentation time and place of marrige that will make it easier. A sworn statement that she was never divorced would help but I doubt that by itself would be enough.

Good Luck


I would like to know how I can get an annulment with the given situation:

I got married on Nov 14, 2005. I have been with the woman since Aug 3, 2005.

She is an illegal alien in Korea where I am currently at right now and we got married there. She is a Phillipine citizen and not an American citizen. We have never had sexual intercourse in the entire 10 months that we were together(before and after wedding). She openly admitted that she has never loved me and only married me for a visa to the states. Other people have told me that she has been cheating on me with other men and that she is still married to someone in the Phillipines. She denys this but I have seen it with my own eyes. I have seen her with her former husband who she said was in the Phillipines as well as other men. Based on this situation, could I get my marriage annuled?