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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.)
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
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
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.