Dear Smilee2604:
Greetings. No, even if the couple never lived together, unless they were separated for one year from their date of separation (which may or may not also be the date of marriage), then they cannot obtain a divorce in North Carolina.
I will address the annulment issue tomorrow morning. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.
Dear Smilee2604:
Okay, annulments can occur for the following reasons:
- People marry that are closer than first cousins.
- Between people who are a boy under age sixteen (16) and a girl under age sixteen (16).
- If someone is physically impotent at the time of the marriage.
- Fraud (for example a woman declares she is pregnant at the time of the marriage, but is not)
- If the person is incapable of contracting themselves into a marriage.
- A bigamous marriage.
Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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 am aware that NC state law says that a couple must be separated, and by separated meaning living in separate quarters, for a year before a final divorce. However, what if the couple never lived together? Can a divorce be given immediately? There are no children or assets involved. Furthermore, is incohabitation grounds for an annullment?