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.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607 Rosen.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.
I was married on April 15, 2006 in N.Myrtle Beach, SC. We live in NC. My husband and I have a 6 year old son, we had been living together for 7 yrs prior to the marriage. I was unaware until after the marriage, that my new husband had been having an affair for at least 6 months.(I found out on the 17th!!!) He was still in contact with the woman at the time of the marriage. Is this grounds for an anulment or do we have to get a divorce? I would really like this to be over as soon as possible. It is agreed that I would have custody of our son.