Can i get my marriage annulled or do i have to get a divorce


#1

I made a mistake and married someone who i was seeing for 5 years. we have never had sexual relations or consummated our marriage. I have never lived with this person, although i have stayed there briefly (a day or two at a time) from time to time. I live in NC and the other party lives in Va. How do i go about getting the marriage annulled or do i have to go through the entire divorce process, and how long will that take? And what is the average cost? Thank you


#2

There are very limited circumstances in which one can get an annulment. 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.
Your case does not fit any of the circumstances which would allow for an annulment. You will have to obtain a divorce, and cannot file in NC for the same until you have lived separate and apart entitle for one year and one day( one year and one day from your last visit). The cost will depend on if you have marital property that needs to be divided or a support claim.


#3

What is the legal definition of impotence? are we talking about erectile dysfunction? If so, then how can either person be impotent? OR are we talking about sterility and inability to propagate the species? I have seen both definitions in medical dictionaries. Thanks.


#4

Erectile disfunction.