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Annulment of Marriage in North Carolina

Annulment of Marriage in North Carolina

 

 

Quick Guide to North Carolina Annulments

 

 

Annulments of Marriages in North Carolina

 

 

Most laws for an annulment of Marriages in North Carolina are located in Chapter 51 of the state’s statutes.  This section will mainly reference sections 51-3 and 51-2.1, but there are other statutes that may prove helpful in an annulment of Marriages in North Carolina.  

 

 

Chapter 51-3 Want of capacity; void and voidable marriages provides the basic grounds for annulments of Marriages in North Carolina.  Generally, marriages are voidable in the state of NC upon the following conditions: 

 

 

1. the marriage was between two people closer in relation that first cousins or double first cousins 

 

 

2. either spouse was under the age of 16 during the marriage (except in limited circumstances)

 

 

3. either spouse had another husband or wife during the second marriage

 

 

4. either spouse was physically impotent 

 

 

5. either spouse was mentally incompetent during the marriage

 

 

As mentioned in number 2, some annulments of Marriages in North Carolina for a person marrying under the age of 16 may not classify as voidable in some circumstances.  Chapter 51-2.1 states that person can marry under the age of 16, but not below 14, if the woman is pregnant and both sets of parents agree the marriage would serve the best interests of the child.  

 

 

Steps for Annulments of Marriages in North Carolina

 

 

In order to legally undergo an annulment of Marriages in North Carolina, the party seeking the annulment must first qualify in one of the factors listed above.  If you have children and property that needs divided, it’s always a good idea to hire an attorney when seeking an annulment of Marriages in North Carolina.  Follow these steps closely:  

 

 

1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of Marriages in North Carolina, and you’ll have to file a petition with the family court jurisdiction in which you reside.  All of the forms you’ll need for annulments of Marriages in North Carolina can be located at your local Family court.

 

 

2. File the forms with the clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary orders for child support, spousal support, or other issues within annulments of Marriages in North Carolina.    

 

 

3. Serve the forms to the other party: you can have the court send the documents to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.   

 

 

4. Set up a court hearing: an annulment of Marriages in North Carolina must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial.

 

 

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