Annulment


#1

Dear missyk70:

Greetings. Yes, it means that you are not legally married. Yes, you should get an annulment to ensure that you have proper documentation in the future. The annulment will need to be done in NC. Thank you.

P.S. I totally agree with your assessment of his character. Let me just say that you need to TRUST completely the person you marry as this negative behavior will only resurface again and again throughout the marriage. 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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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.


#2

I was married on 9/2/06 in SC and live in NC. I found out that my husband had lied on his marriage license (by 10 years). I had no idea until the reception and he was arrested for lying to a police officer about his DOB & drunk & disorderly. He has fraudulently presented himself to me and my family from the beginning and I can never trust him again. We are terrified of him from the lunitic he became at the reception. I have not seen him since that day and never will. If he will lie about something so simple as his DOB what else will he lie about? Can I get an annulment under fraud circumstances?


#3

Dear softcopy:

Greetings. Yes, it sounds like you may have grounds. Sorry to hear about this situation. 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

ROSEN.COM

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.


#4

Hello Melissa

Interesting situation. The fact is if what you say is true you are infact not married. However don’t be fooled into thinking this is a slam dunk annulment. While the NC statutes on a bigamous marrigae are “clear” the courts have managed make things more difficult than they should be. I am currently going through a very similiar situation. I just found out my “spouse” of 20 years never received a valid divorce from their last marriage. Even though by statute in North Carolina neither time, cohabitation, birth of a child or death of one of the parties makes a bigamous marriage legal. I still am having difficulty getting this issue resolved.

My recommendation if you really want an annulment. Ask your spouse to file for it and you agree to it. Otherwise call the police and file swear out a bigamy complaint against him (a class I felony in NC). Let the DA fight the case for you. Keep something in mind though with an void marriage no rights flow from it. No alimony, post seperation support, or equitable distribution. Since he did ultimately receive a divorce he should not be able to claim the marriage is void to escape any maritial responsibility without your consent. He would be “estopped”.

Hopefully Janet will confirm my opinions.

Good Luck


#5

I was married on June 17, 2005 in Myrtle Beach, SC. I live in NC. To make a long story short, I just found out, my husband didn’t file for divorce from his ex until June 1, 2005 and the divorce wasn’t final until August 25, 2005. Does this mean that we aren’t married? If so will I need to get an annulment? Will the annulment need to be done in SC or NC. I guess I could just get re-married to him, but I don’t want to be married to someone that I don’t trust.

Thank you

Melissa