Am I Eligible for an Annulment?

What Is an Annulment?

An annulment is a way of ending a marriage, similar to a divorce. However, unlike a divorce, where you have to wait a specific amount of time before applying for it, you can request an annulment at any time. But, depending on the timeframe of the marriage, you might need to provide an explanation for the annulment. In other words, the more time you wait after the wedding, the harder it will be to get an annulment. 

To void a marriage due to an annulment, a District Court Judge must first issue a court order. Once that happens, the status of the parties changes back as if they were never married. As a result, there are specific criteria that you have to meet before you can request an annulment. It’s also important to note that void marriages resulting from an annulment are not the same as voidable marriages. 

How Do I Know If I Am Eligible for an Annulment?

When it comes to annulment eligibility, you have to understand that the length of the marriage is completely irrelevant. As a matter of fact, it doesn’t matter if you have been married for one week or forty years. But, as previously mentioned, there are some requirements you must meet before you are eligible for one. And, while they vary depending on local regulations, the following is applicable to the state of North Carolina.

One of the Parties Is Underage

Legally, if one of the parties is under the age of 16, the marriage is eligible for annulment. However, that doesn’t apply if there is a court order resulting from a pregnancy of someone between the ages of 14 and 16. Additionally, the marriage is no longer eligible for annulment when a child has been born to the couple. But if that child is dead at the time of the request, then the court might accept the annulment. 

Marriage Between Family Members

Any marriage between two people who are closer in relation than first cousins is eligible for annulment in North Carolina. For instance, if two siblings, a parent and their child, or two first cousins are married, they can request an annulment. 

One of the Parties Is Impotent

If one of the parties is physically impotent at the time of the marriage, then the other partner can apply for an annulment. It’s worth mentioning that the impotence needs to be diagnosed by a doctor beforehand. 

One of the Parties Agrees to a Marriage Under a False Pretense

Another important circumstance under which you can request an annulment is that of false pretense. More specifically, if the female partner lies about the presence of pregnancy, then the partner can get an annulment. However, if a child has been born to the couple within 10 months after the date of separation, or if the parties separate within 45 days of the marriage, then an annulment is no longer possible. 

One of the Parties Doesn’t Understand What Marriage Means Due to a Lacking Mental Capacity

Sometimes, one of the partners is unable to understand the responsibilities of a marriage due to a lack of mental capacity. When that happens, both parties can request an annulment. But the determination of a spouse’s mental capacity is handled by medical specialists on a case-by-case basis.



Additionally, this reason refers to the mental capacity of a partner at the time of the marriage, not prior or later during the marriage. In other words, you can’t request an annulment if your partner’s mental capacity has degraded as a result of an accident or a health problem.

Where Can I Get an Annulment?

Generally speaking, family law matters are handled by the civil part of the District Court in North Carolina. Therefore, if you want to apply for an annulment, you will have to contact your local Clerk of Court.

However, there are special circumstances you need to consider, so you should first request a consultation with an attorney. Why? Because they will help you understand the prerequisites of an annulment and present different courses of action depending on your specific situation. 

What About a Void Marriage?

Even though annulments and void marriages are totally different things, people usually confuse one for the other. As a result, in order to understand annulments, we need to talk about void marriages and what they entail. 

While a voidable marriage requires you to obtain an annulment to completely end the marriage, a void marriage doesn’t. In fact, when it comes to void marriages, you don’t even have to request a court order from a District Court because the marriage was never valid. But what marriages are void?

In North Carolina, the only marriage that is considered void by default is a bigamous marriage. But what is that? Simply put, a bigamous marriage refers to a marriage entered by someone who is already married. And since the law clearly states that a person can only be married to one spouse at a time, any subsequent marriage is automatically invalid. 

Thus, if you live in North Carolina and are dealing with a bigamous marriage, you don’t have to get an annulment in order to void the marriage. Even so, it may be a good idea to get one anyway to avoid legal and personal confusion later in life. Additionally, by having a court void your bigamous marriage, you avoid issues that may come up. For example, you won’t have to deal with property division or legal problems when marrying again in the future. 

Nonetheless, in all other cases, any voidable marriage is not automatically void. And, in order to legally void it, you will have to get a Court Order from your local District Court.

Final Thoughts

Overall, understanding how annulments work is extremely important for anyone looking to enter or is already in a marriage. Not only can annulments help you escape an unfair marriage, but they can also prevent the other party from taking advantage of you. However, the procedure, especially the requirements, can seem a bit complicated for someone who is new to annulments. Luckily, you can always rely on a family law firm to help you protect your rights and aid you in applying for an annulment.