Annulment Attorney

According to North Carolina law, annulment and divorce differ in a number of ways. While divorce puts an end to an existing marriage, annulment declares that the marriage never legally existed.

Although these two forms of termination have clear lines of separation, those lines have been blurred in recent years, with some annulments leading to property division, spousal payments, and child support.

If you are attempting to get an annulment, you may be overwhelmed with the complicated processes involved. Do not be discouraged, North Carolina annulment attorney Jonathan Breeden at Breeden Law Office has spent years helping people finalize these agreements. With his help, you can competently pursue the peace of mind you need to move on with your life.

To find out how you can end your marriage in a timely manner, call (919) 661-4970 or contact us online today.

What’s the difference between a divorce and an annulment in North Carolina?

Conditions for Annulment

While an annulment can be finalized much more quickly than a divorce, qualifying for this form of separation can be difficult. What’s more, the requirements for getting an annulment vary from state to state, making it important to understand the specific requirements in your area. In North Carolina, common reasons for getting an annulment include, but are not limited to:

• Failure to Consummate: While it may seem outrageous, failure to engage in marital relations remains a legal reason for getting an annulment. Most people believe that a failure to consummate is rooted in infertility rather than an unwillingness to participate.
• Bigamy: If a person enters into a marriage when they already have a legal spouse, the marriage will be declared illegitimate. However, matters of bigamy can be complicated. If the bigamous relationship has existed for several years, there may be children and property to consider. This can lead to an annulment that resembles a divorce more than anything else.
• Mental Illness: This rule only applies when one spouse has a serious mental illness that was not disclosed before the marriage was finalized. If the illness is debilitating, one spouse is legally allowed to request an annulment.
• Intimidation or Fraud: When someone is forced into a marriage, or they are misled by their spouse, they may request to have the union terminated. This is commonly seen in cases where one spouse claims to be fabulously wealthy or when a threat is made on a spouse’s life.
• Underage: In many cases, an underage individual may enter into a marriage without their parents’ consent. When this happens, the parents have the right to request an annulment on behalf of their child. If the underage spouse is pregnant, the annulment may be denied.

The Annulment Process

In order to get an annulment, you must file a petition with your local district court. In your petition, you must provide grounds for the annulment or reasons that explain why the marriage should be terminated. From here, the court will evaluate your request to determine whether or not the marriage is void or voidable. Void marriages are invalid from the time they are finalized, whereas voidable marriages are initially legal, but contain elements that warrant nullification. If the court grants the annulment request, it will be as if the marriage never existed.