Annulment is the legal procedure that declares a marriage void from its inception. The marriage is deemed as illegal when it was pronounced, therefore, the effect of an annulment is retroactive invalidity. Annulment is granted on varying grounds depending on the state at issue including insanity, bigamy and incest.
Voidable vs. Void Marriages
Under North Carolina law, a marriage is that void is subject to annulment. In the alternative, a marriage that is voidable is a marriage that is entered into with a major defect including: (1) incest, (2) false pretenses, (3) impotence, (4) lack of sound mind, and (5) one of the spouses being under the age of sixteen. All of these instances are grounds that the court will consider as voidable. Unlike void marriages, a court can deem a voidable marriage as valid depending on the circumstances of the case. For example, in the case of false pretenses, if you remain married after you discover that your spouse was never pregnant (as was communicated before the marriage), then a court can find validity under the rationale that the pregnancy was not the actual reason for seeking the annulment.
One Annulment Ground in North Carolina
In North Carolina, the only ground for an annulment or void marriage is bigamy. Bigamy is the illegal act of marrying an individual who is already lawfully married to another individual. People who enter into bigamous marriages have entered into a void marriage per the law in all U.S. states. Bigamy, unlike the voidable grounds, is immediately void and the marriage is never valid under law.
How to Get an Annulment in North Carolina
Individuals seeking an annulment must file a claim for absolute annulment. The plaintiff spouse must file the claim in the county in which the defendant spouse resides. The more specific evidence and firsthand witness testimony the plaintiff shows, the more likely the annulment will be granted. With bigamy being the only ground for an annulment, plaintiffs are better served by providing solid evidence of the defendant’s marriage including marriage certificates, photos, or proof of children born of the first marriage.
Effect of a Void Marriage
In divorce proceedings, the individuals are considered as divorced after a divorce decree is issued. Under the law, the parties where married and the decree is the legal recognition of the dissolution of the marriage. After an annulment is granted, the marriage is deemed as to have never existed. You were and are currently single. However, children born to an annulled marriage are considered children of a valid marriage for the purposes of child support and parenting. Unlike divorce, property distribution and spousal support are not available in annulment proceedings.
Charlotte Annulment Attorneys
It is important to involve an experienced attorney to guide you through filing for an annulment or ending your voidable marriage. Annulment and voidable marriages are complex issues, but the Charlotte family law lawyers at Powers Landreth PLLC are ready to simplify the process and provide you with ardent representation. Timely filing of these claims will dictate your success. Contact us now for a consultation.