How to Get an Annulment in NC
Divorce has become more common in recent years as more and more people decide that their marriages just aren't working well for them. About 42% of marriages are likely to end in divorce, according to expert opinion. However, in some situations, a divorce isn't really what's necessary. Sometimes, a marriage can be invalidated and spouses can seek a marriage annulment in North Carolina or their state.
If you made a mistake in your marriage and would like to void your marriage agreement, the process is relatively simple. You just have to prove that your marriage is illegitimate under North Carolina law. If you need help, DoNotPay can also provide you assistance with your marriage annulment.
What Is Marriage Annulment in NC?
Marriage annulment can take place in North Carolina if any two people are considered to be married illegally. Once the two spouses decide that their marriage should be void, they must file a claim with the North Carolina courts to request an annulment. The courts will determine if their marriage is void or not and provide them with guidance for voiding their marriage contract.
There are some very specific guidelines for determining whether or not a marriage can be properly annulled in North Carolina. It's not necessarily an easy process, as the marriage must be void under North Carolina law from the moment it begins.
The Requirements for a North Carolina Marriage Annulment
If you'd like to annul your marriage in North Carolina, you will need to prove to the court that you entered into that marriage under one or more of the following conditions.
Want of Capacity
In the case of want of capacity, you will need to show that you were incapable of marriage for some reason. These reasons may include:
- You are double first cousins or kin nearer than first cousins (such as brother and sister, for example).
- One of the spouses is physically incapable of marriage consummation.
- One or both of the spouses was mentally incapacitated at the time of the marriage due to drugs, alcohol, or some other mental disability.
In addition to incapacity, you can call a marriage void if you entered into it under some kind of illegal condition such as:
- One or both spouses were under 16 years of age.
- One or both spouses were already married at the time of your marriage.
If a woman claims to be pregnant at the time of the marriage and the parties do not stop living together within 45 days and remain separated for at least a year, the marriage may be voidable if a child is not born within ten months of the separation.
Overall, proving that your marriage is void is likely to be a bit of a hassle in North Carolina. While it can be done, you may need legal support to ensure that you have the necessary proof that your marriage is valid and that you can file the right paperwork with the courts.
How To Obtain a Legal Annulment in North Carolina
It can be complicated to get a legal annulment of your marriage in North Carolina. There are no standard papers that you must use to file for an annulment, so you'll need to get in touch with an attorney or some other legal support to help you get the legal annulment you're looking for. Here are the steps you should take:
- Find a legal representative in a family lawyer who can help you find and file the right paperwork.
- Fill out the required form, which may ask for information such as:
- Both spouses' full names and social security numbers.
- The date and county of the marriage.
- The date of separation.
- Information on any minor children that resulted from the marriage.
- Signatures and a date.
- File a request with the court.
- Serve your spouse with annulment papers.
What Happens After an Annulment in North Carolina?
The North Carolina courts will determine whether you can get the annulment you request. If they agree to allow an annulment, they will then set some conditions surrounding:
|Child custody||Division of property|
|Divisions of debts||Alimony for one or both spouses, as necessary|
You will be required to care for the property, debts, children, and alimony required by the courts just as you might in a typical divorce case.
How to Easily Start an Annulment With DoNotPay
It can be complicated to start and complete a marriage annulment in North Carolina. If you're not sure how to get started and find the support you need, DoNotPay can help. Here's how it works:
- Search for Annulment on the DoNotPay website.
- Kick-off the process to see if your marriage is eligible for an annulment.
- Answer some specific questions about your marriage and see if your state law allows for an annulment.
It's that simple. Within minutes, DoNotPay will help you by sending a letter to your family court and/or by providing you with detailed information on how to begin the annulment process in North Carolina. You can end your void marriage in no time.
Other Ways To Use DoNotPay To Save Stress
DoNotPay does so much more than provide annul marriages. By using DoNotPay, you can also:
- Sue anyone in small claims court
- Seek the right divorce settlement in your case
- Notarize any legal document
- Deal with stalkers and harassers
- Get a divorce certificate
- And more
To see how DoNotPay can save you stress, time, and money, get started with a free account today!