Annulment Attorney in Greensboro
Kirkman Attorneys at Law
Annulments are only available in limited circumstances. The top tier family law attorneys at the Greensboro based law firm of Kirkman Attorneys at Law provide skilled legal representation to spouses considering an annulment. Our Greensboro annulment attorneys are well versed in North Carolina law and can assist you in exploring all of your options and help you obtain the best outcome possible.
What is an Annulment?
An annulment is a court process where the Court voids the marriage. If a marriage is annulled, it is as if the marriage never existed. Once a marriage is annulled it is as if the parties were never married to each other.
Am I Eligible for an Annulment?
1. The marriage is between family members.
If the spouses are nearer in a relationship than first cousins, then the marriage can be annulled.
2. One of the Spouses is Underage
Generally, a marriage in which one of the spouses was under the age 16 at the time of marriage can be annulled. However, generally, the marriage becomes not eligible for annulment when a spouse becomes pregnant or when a child has been born to the marriage. If you believe this situation applies to you, there are other nuances to this eligibility. As a result, you should consult with an attorney prior to filing for an annulment.
3. One of the Spouses is Impotent
An annulment can be granted if a spouse was impotent at the time of the marriage.
4. One of the Spouses Lacks Mental Capacity to Understand What Marriage Entails
5. Marriage Enter Into Under False Pretense of Pregnancy
An annulment can be granted if one spouse suffered from a lack of mental capacity at the time of the wedding. To establish a lack of capacity, the spouse must have not had the ability to understand or comprehend the gravity of the covenant of marriage and the rights, duties, obligations, and responsibilities of marriage.
If a marriage is entered into under a representation and belief that the wife is pregnant, which is followed by the separation of the spouses within 45 days of the marriage and the separation lasts for at least a year the marriage can be annulled so long as a child is not born to the parties within 10 lunar months of the date of separation.
6. One of the Spouses was Married to Another Person at the time of the Wedding.
If a spouse was already married at the time he/she married a second spouse, the second marriage is void as a matter of law. The second marriage is considered a bigamous marriage. A bigamous marriage is the only marriage that is void (rather than voidable) at the time it was entered into. A bigamous marriage is a marriage entered into by someone who is already married. In North Carolina, a person may only be married to one spouse at a time. A second marriage by someone who never terminated (divorce) their first marriage is not recognized and is automatically invalid in North Carolina. Although void from the outset, it is often still wise to have the second marriage annulled.
Each case has specific circumstances which must be considered. If you have questions or believe you are eligible for an annulment, you should schedule a consultation with a family lawyer to discuss the details of your situation without delay.
How do I get an annulment?
For a spouse to file for an annulment in North Carolina, at least one of the spouses must have resided in North Carolina for at least six months prior to the filing of a court action seeking an annulment. Actions concerning annulments are brought in an appropriate district court. Generally, the appropriate district court is the district court in the county where at least one of the spouses resides. To file, the complaining spouse must file with the Clerk of Court a Complaint and cause a Civil Summons to be issued by the Clerk to the other spouse. The Complaint must state sufficient allegations to put the accused spouse on notice as to the factual basis of the annulment that if proven at trial will establish grounds for the court to enter an annulment.