Annulment because never consummated

Can my marriage be annulled because it wasn’t consummated in NC ? I’ve been separated for a year.

No, that is not a valid reason to have a marriage annulled.

To have a marriage annulled in NC, it must have been an invalid marriage. For example, one of the spouses was underage or one of the spouses was not competent to understand what he or she was doing when entering the marriage.

If you have a valid marriage and you’ve been living continuously separate and apart for at least one year, then you are eligible to file for an absolute divorce.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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