Anullment or divorce?


#1

Hi,

Thank you for consulting our website. I hope you find the information contained on it helpful.

The grounds for an annulment in NC are as follows:

If one or both of the parties is under the age of 18 when they were married;
If the parties are related by blood to a degree closer than 1st cousins;
If either one of the parties was incompetent to marry at the time they were married (for example, mentally incompetent);
If one of the parties is impotent; or
If one of the parties commited fraud (for example, Husband and Wife got married b/c Wife told Husband she was pregnant, and she wasn’t.)

Based upon what you have described, it doesn’t sound like you and your husband will be able to have your marriage annuled. Instead, you will have to separate for 1 year, and then file for divorce based on a 1 year separation. In North Carolina, the only basis for divorce is either based on 1 year separation or incurable insanity. So, you cannot get a divorce based on adultery. Adultery really only comes into play when you are asking for alimony and post separation support.

I hope this helps answer your questions. Take care!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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 have a question which i hope can be answered quickly and very simply. My boyfriend is Eqyptian and living here in NC, we have known each other and dated for some time. A few months ago we broke up after an argument and decided to go our separate ways for a while and date other people and see where things went, i was heartbroken and had eyes for no one else. my boyfriend however, had relations with another american woman in a “one night stand” and she later told him she was pregnant. being the good man he is, he said he would marry her and told me we must not see each other again. well, we now find out it was all a lie, but he is unsure of how to fix the problem. he feels sorry for the woman who has serious untreated depression and does not want to get her into any trouble because she lied. but he wants to anull the marriage so he does not have to go through a one year separation by NC law in order to get a divorce. we wish to marry soon and i don’t want to wait a year either. how do we go about seeking a discreet anullment so no one is hurt anymore by this situation and so i may be with my boyfriend again. please someone give me specific instructions, does he need a lawyer? where to go to file paperwork. any advice will help, i love this man


#3

I understand your emotional attachment to your boyfriend, and your frustration about the situation. However, in North Carolina, the only grounds for an annulment are those I’ve listed in my previous response. Unfortunately, it doesn’t appear that either of you will be able to annul your marriages. Both you and he will have to wait the full 1 year before you will be able to divorce and remarry. I suggest you both see attorneys to help you deal with any property issues and finally a divorce when the time period allows.

Take care,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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

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The grounds for an annulment in NC are as follows:

If one or both of the parties is under the age of 18 when they were married;
If the parties are related by blood to a degree closer than 1st cousins;
If either one of the parties was incompetent to marry at the time they were married (for example, mentally incompetent);
If one of the parties is impotent; or
If one of the parties commited fraud (for example, Husband and Wife got married b/c Wife told Husband she was pregnant, and she wasn’t.)

I WAS WONDERING…WOULD AN EXAMPLE OF FRAUD ALSO BE A HUSBAND TELLING HIS WIFE BEFORE THEY GOT MARRIED THAT HE WANTED KIDS, AND THEN ONCE THEY WERE MARRIED FOR ABOUT 7 MOS HE STATES THAT HE NEVER WANTS OR PLANS TO HAVE KIDS??
THIS IS MY SITUATION, AND WE PLANNED TO HAVE A DIVORCE B/C OF THIS (AND OTHER) REASONS. BUT IF THIS IS GROUND FOR AN ANNULMENT, WOULD I BE ABLE TO GET THAT INSTEAD? WE WERE MARRIED 7 MOS BEFORE WE SEPARATED, AND HAVE BEEN SEPARATED FOR 2 MOS WITH NO INTENTIONS OF GETTING BACK TOGETHER. MARRIED 9 MOS ALL TOGETHER.
SO…WOULD MY SITUATION BE CONSIDERED FRAUD ALSO??

THANKS!
BRANDY


#5

Brandy,

Thank you for your post! Without more information, I couldn’t really say if your situation was fraud. Based on your post, it doesn’t sound like fraud, and you would have to wait the full 12 months and go through a regular divorce proceeding.

Best wishes to you!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.


#6

Me and my wife got married on Aug/6/2004. We only dated for about a month. I have been dealing with court issues since January of this year. She didn’t know anything about my trial until about a month ago. In which she said she didn’t want to be with me anymore. We tried to work it out but nothing is working. I was found not guilty last week but we still have not worked out our marriage. We were hoping it can be anulled. Is this possible?


#7

Dear veryunhappy:

Greetings. No, I doubt that this marriage can be annulled. There is no requirement of disclosing to a prospective spouse whether or not you have pending criminal charges. Now, I would think it would be wise to disclose this, but…not legally mandated. It is my opinion that you cannot obtain an annulment. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#8

I realize this is a old thread, but it fits. My wife and I were married in NC this past October 2006. We have lived together for only 4 months going on 5, at which time she kicked me out 3 times. Mainly why we are seperating is because neither person fully disclosed that we were being treated for depression and in my case I didn’t tell her at all how bad mine can get. We fight constantly due to her and my instabilities with these medical issues. We live in Illinois and not sure if we qualify for a annullment, and if not does NC allow us to file divorce without requiring to be present in court?


#9

You must be a resident of NC for at least 6 months before filing for divorce in NC. You will need to see what the laws in Illinois are concerning annulment or divorce.


#10

thanks, however the reason I ask about NC is we never filed the marriage license with Illinois and were told we had to deal with NC courts since they are the only state with the marriage on record.


#11

Hopefully, an attorney will respond to this because I’m not sure that you have to have the marriage record filed with the state for the state to recognize the marriage. Or that you can file in NC if you are not a resident.
I was married in TN but NC changed my social security card, driver’s license, banking records, and all of them had to have a copy of my marriage certificate to change their records.


#12

“Impotence by either partner” -

So this means that a wife who has refused to have sex and consummate the marriage at any time in 3 years (whether for emotional or physical reasons) would qualify the husband for Annulment under this law?

I assume there is no waiting period for annulment and one would file it immediately upon leaving the “marriage” and see the outcome of that before proceeding with any divorce-related steps (like separation papers, alimony settlement, etc.)?

Obviously, the wife is going to want to avoid this because it drastically limits her rights, but I wonder if he could force her to submit to a physical exam to prove she is still a virgin. I believe our friend 100% that the wife is unable or unwilling to consummate the marriage and that their “sex life” is abnormal and one-sided. Only challenge is how to prove it once he leaves her.


#13

I don’t think that your failure to disclose depression issues would be fraud and a basis for annulment. 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.


#14

[:(]I married my husband nine months ago in which time I’ve found out he’s bi-polar and I believe an acholic also. He’s been phsyically and verbally abusive. I’ve tried to help him by going to his phyciatrist and therapist appointments with him and doing anything he needs for him to get help, but even on his medication he’s not normal. What exactly are the grounds for anullment and do we fall under that category? I’m going to do anything to get him out of my life. I’m currently staying with my parents and he doesn’t seem too concerned that I’m gone so I know it won’t take long for him to commit adultery (if he hasn’t already) How long does the whole process of divorce take on the grounds of adultery?


#15

My “wife” and I married in 1993. She was married to husband #1 in 1991. She divorced him in 1997. She did not tell me until 1998 when I was getting a security clearance for work. Foolishly, I asked her if we had to get re-married. She told me her attorney told her no, that we were legally married. Last month, I changed agencies and that required a higher clearance. I was told by the background investigator that my marriage was not legal and it was void. When I confronted her about it, she went bezerk and told me to leave as she was having an affair anyway. The new man now lives in the apartment (with my name still on the lease). Do I have solid legal grounds for an annulment on the grounds of bigamy? Also, we have two children (18 & 17).