Anulment


#1

Dear rb2003:

Greetings. Annulments are relatively rare, but yes, fraud is a basis for annulment. You need to speak with an attorney directly, since annulments can be more expensive than filing for divorce. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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

What happens to her and her “divorce”? Would she have to legally follow any separation agreement that her and her 1st husband could have had? Would she have to file for divorce again?


#3

Dear Bowlingqueen1975:

Greetings. I am not sure what you are asking. The original divorce is not valid, so it should be refiled and obtained. Yes, the separation agreement would be valid. Yes, she should file for divorce again. 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.


#4

I married a woman on Oct 15, 2004, in Huntersville NC. I have since found out that she did not separate from her last husband until Dec 1, 2003, and I have several people that will testify to that, including her ex husband. They lived in Concord Nc and she filed for divorce there in June 2004. NC law says you have to be separated for 1 year and one day before you can have a divorce final. I married her a month and a half before she could legally be divorced. She obtained her divorce decree by falsifying her separation date to get her divorce final in August of 2004. Is our marriage valid, or can I get an anulment based on her lying about her separation date. According to nc law I could not even legally marry her until December. There was also major fraud in other areas committed by her as I have since found out.

rex bennett