Annulment


#1

Here’s what I found:

“Can I get an annulment?
Generally the answer to this question is no. Annulments are available only in limited circumstances in North Carolina. These circumstances include all marriages between any two persons nearer of kin than first cousins, between double first cousins, between persons either of whom is under sixteen years of age, between persons either of whom has a spouse living at the time of the marriage, between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of understanding the marriage vows. Additionally, a marriage contracted under the belief that the wife is pregnant, followed by the separation of the parties within 45 days of the marriage, which separation was continuous for a period of one year, shall be annulled unless a child was born to the parties within ten months of the date of separation.”

As to the first part: “No, the separation agreement does not need to be filed with the courts for it to be a binding contract.”


#2
quote:
[i]Originally posted by stepmother[/i] [br]Here's what I found:

“Can I get an annulment?
Generally the answer to this question is no. Annulments are available only in limited circumstances in North Carolina. These circumstances include all marriages between any two persons nearer of kin than first cousins, between double first cousins, between persons either of whom is under sixteen years of age, between persons either of whom has a spouse living at the time of the marriage, between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of understanding the marriage vows. Additionally, a marriage contracted under the belief that the wife is pregnant, followed by the separation of the parties within 45 days of the marriage, which separation was continuous for a period of one year, shall be annulled unless a child was born to the parties within ten months of the date of separation.”

As to the first part: “No, the separation agreement does not need to be filed with the courts for it to be a binding contract.”



#3

Dear mom2321:

Greetings. Yes, your separation agreement, once signed and notarized by both parties is legitimate. The fraud in the marriage must be about a reason you married someone. For example, they tell you that they are able to have children, but they know at the time of marriage that they are not able to. So no, that is not grounds for an annulment. It is sad when this happens to people such as yourself, because many people hide drug/alcohol problems very well. Good luck.

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

I have two questions here. The first is, my husband and i sepersted in july of this year, and we did a priviate seperation aggreement. It was notirized but was never but through the courts, is it still ligeite or do i need to get one that’s been filied with the county. my next question is, my husband has resently confessed to have a huge drug addition, and i had no idea about this. I was aware that he had a drinking problem and would occasionly take pills, but i had no idea that it went any further. Someone recently told me that because my husband decived me when me got marryed about a huge lifstyle, that was kept secret, it may be grounds for an annulment. It sounds to good to be ture to me, so i wanted to see if i could get some legal advice and find out if this is true, and if it is how i could get that proces started.