Nope. Your situation is not one that would provide for an annulment. Sorry.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.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.
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.)
I WAS WONDERING…WOULD AN EXAMPLE OF FRAUD ALSO BE MY HUSBAND TELLING ME BEFORE WE GOT MARRIED THAT HE WANTED KIDS, AND THEN ONCE WE WERE MARRIED FOR ABOUT 7 MOS HE STATES THAT HE NEVER WANTS OR PLANS TO HAVE KIDS?? I WAS ALSO TOLD PRIOR TO BEING MARRIED THAT I WOULD NOT HAVE TO WORK AND THAT I WOULD BE ABLE TO GO BACK TO SCHOOL. ONCE WE MARRIED I WAS TOLD THAT I HAD TO WORK AND THAT I WASN’T GOING BACK TO SCHOOL UNTIL MY HUSBAND FINISHED HIS DEGREE (EVEN THOUGH I HAVE ONE YEAR TO FINISH AND HE HAS 3). I MARRIED HIM UNDER THESE PRETENSES AND NEVER RECEIVED ANY OF THESE PROMISES.
IF THESE ARE GROUNDS FOR AN ANNULMENT, WOULD I BE ABLE TO GET THAT INSTEAD OF HAVING TO GO THROUGH A DIVORCE? WE WERE MARRIED 7 MOS BEFORE WE SEPARATED, AND HAVE BEEN SEPARATED FOR 2 MOS WITH NO INTENTIONS OF GETTING BACK TOGETHER. MARRIED 9 MOS ALL TOGETHER.
SO…WOULD MY SITUATION BE CONSIDERED FRAUD ALSO??