Anulment


#1

“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.”

I would say that since your wife has a living spouse at the time of the marriage and the duration of the marriage would be significant cause to grant an annulment. I’m sure that you would need to speak with an attorney and if she was aware of this may be something that should be done on bigamy charges.


#2

Stepmother, you are on the ball…are you an attorney??


#3

You may not need an annulment. If your wife (?) was legaly married to another person, she cannot legally marry you. So the marriage is in effect, null and void.


#4

If she is still legally married your marriage is automatically void and you do not need a court order to establish this.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Just found out that my current wife, was married before she married me. Went to the court house and got the paperwork stating that she was indeed married to another guy without a divorce from him, before she married me. Would like to know what are my steps in getting my marriage anulled.

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