I Have Some Questions I Need Answered Please


#1

Dear sarah84:

Greetings. In a prior post to this forum, which you can search by clicking on “Search” in the above right hand side of your screen, I stated the following:

Okay, annulments can occur for the following reasons:

  1. People marry that are closer than first cousins.
  2. Between people who are a boy under age sixteen (16) and a girl under age sixteen (16).
  3. If someone is physically impotent at the time of the marriage.
  4. Fraud (for example a woman declares she is pregnant at the time of the marriage, but is not)
  5. If the person is incapable of contracting themselves into a marriage.
  6. A bigamous marriage.

You are legally separated on the date that you start to live separate and apart (separate residences) and one of you intends the separation to be permanent. You do not need to have “legal papers” to have be separated.

If you never lived together, and you did not hold yourselves out as married, it sounds to me like you can use the date of marriage as the date of separation also. You do need to speak with an attorney though for a more definitive opinion on your situation after you tell them the entire story. 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.


#2

Me And My Husband Both Live In North Carolina. We Have Been Married Since December 22nd, 2003. We Have Never Lived Together.
What Is The Criteria For An Anullment?
Is A Physical Seperation Considered A Legal Seperation Once Put In Seperation Papers?
If So Can The Start Date Of December 23rd, 2003 Be Used As The Start Of The Seperation Since We Never Lived Together?
What Is Legal Seperation Since We’ve Never Lived Together?
Thank You

Sarah