In North Carolina you must be separated for at least one year before you can file for an absolute divorce, so we get calls from many people who want to get their marriage “annulled” instead, thinking it will be easier and faster.
The civil court process by which a marriage is declared to never have existed is called annulment. What most people do not know, is that an annulment is only permitted in very limited situations in North Carolina.
Conditions for a North Carolina Annulment
If you do not meet one of these conditions, then you are not eligible for an annulment, and you must be separated for a period of one year in order to get a divorce.
Process of Annulment
For an annulment to be granted in North Carolina, one spouse must file a lawsuit to annul the marriage. The lawsuit may be filed in the county where either party resides at the time of filing. The filing spouse has to verify to the court that the marriage is either void or voidable. In North Carolina, the court requires live testimony prior to approving the annulment. If, after sufficient testimony, the court agrees that the marriage qualifies for annulment, the judge will sign papers approving the annulment and the marriage will be deemed to have never existed.
Contact an Experienced Annulment Attorney Today
If you believe that annulment may be an option for you, contact the attorneys at Robison Smith Law today and let us help you understand your options under North Carolina law. We have years of practice and dedication to our clients. Contact us today.
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