North Carolina  |  Family Law

Legal Question

Asked on: 3/17/09, 1:43 pm

Anullment

What are the chances of getting an anullment based on seperate homes 3 months after marriage. No joint assets, no joint tax filings, no joint children unable to reconsile.?

1 Answer


Answered on: 3/17/09, 2:37 pm by Mark Williams

Re: Anullment

Only two types of marriages can be annulled in North Carolina: (a) void and (b) voidable.

Void marriages are those that are subject to collateral attack by any third party, cannot be ratified and are immune from equitable defenses.

Voidable marriages are generally those involving (a) parties are nearer of kin than first cousins; (b) either party is under the age of 16; (c) marriage was contracted under representation and belief that female was pregnant and no child born within 10 lunar months; (d) physical impotence; and (e) incompetency of one party.

As you can see from the list above, most marriages in North Carolina CANNOT be annulled.

Talk to an attorney.

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