Wake Family Law

Raleigh Divorce Lawyers - Raleigh Family Lawyers

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Divorce / Divorce & Annulment

Divorce & Annulment

raleigh NC divorce lawyer

Divorce in North Carolina

North Carolina law requires a one year separation before you can file for divorce. In addition, you or your spouse must be a legal North Carolina resident for at least six months before filing. If these criteria have been satisfied, you can file a lawsuit in District Court asking for a divorce.

Because North Carolina is a no fault divorce state, a one year separation is the only requirement for obtaining a divorce. During this time, the parties will typically attempt to resolve issues involving financial support, children and equitable distribution. These issues can be addressed through a separation agreement, a written agreement that serves as a private contract between spouses. Any claims relating to property division and alimony are lost if they are not resolved by separation agreement or court order prior to entry of the divorce judgment, or if there is not a lawsuit pending to resolve those claims filed at the time the divorce is granted. For this reason, many couples will wait until the completion of a separation agreement to file for divorce or will file a lawsuit to resolve other financial or children’s issues at the same time as filing for divorce.

In rare instances, a second option for divorce is available. North Carolina allows you to file for divorce if you have been legally separated for three years and believe that one spouse suffers from incurable insanity. This option is rarely used to obtain a divorce.

An experienced attorney can help you assess your options.

You should always consult with an attorney prior to signing any document presented to you by your spouse or your spouse’s attorney.

Annulment in North Carolina 

Annulment is a process that voids a marriage, meaning it legally declares that the marriage never existed. A legal annulment is not the same as a religious annulment, which can only be granted by a church and has no effect on your legal marital status.

Grounds for annulment in North Carolina are very specific and limited. A bigamous marriage, where one spouse was already legally married to another living person, is automatically void and does not require a legal annulment although some parties choose to obtain an annulment for bigamy for paperwork purposes.

Other reasons that may be grounds to void a marriage include the spouses being closer in relation than first cousins, one spouse was physically impotent at the time of marriage, one spouse was mentally incompetent at the time of marriage, or one spouse was under the age of 16 at the time of marriage. A quick change of heart after a marriage, even the next day or week, is not grounds for an annulment.

The family law attorneys at WFLG can address these and other specific situations that could be considered grounds for annulment.

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News

  • Tips for Advocates in Custody Cases Involving LGBTQIA+ Children
  • COVID Health Checks Now Required at Wake County Courthouse
  • How do Separation Agreements Work?
  • What does a divorce actually do? [Spoiler alert: it gets you divorced but not much else]
  • New order from the N.C. Supreme Court includes more COVID-19 changes

Raleigh Divorce Lawyer

Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
(919) 787-4811

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We are so proud of our WFLG team for helping us keep our office safe and COVID free(!!!) for each other, our colleagues, and our clients over the past year. 💉And we are VERY happy to say that we are now all vaccinated! #wflg #northhillsdivorce#playhardplayfairplaytowin#FAMILYLAWSPECIALISTS#covid19vacccine#whendoesthirstythursdayresume ... See MoreSee Less

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UNC School of Law in the top 25 law schools! ⚖️ 👊🏻Proud to have 3 Carolina Law alums at at firm: Nancy Grace, Kelley Cash, and Carly Baker. Also fun fact, we’re proud to have an alum at the firm from the #10 law school too (University of Michigan): Melanie Phillips. #wflg #northhillsdivorce #playhardplayfairplaytowin #familylawspecialists #UNCLaw ... See MoreSee Less

Carolina Law Jumps to No. 24 in the U.S. News & World Report

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UNC School of Law cracks the Top 25 ranked law schools this year. Carolina Law moved up three spots to No. 24 out of 193 law schools ranked in the ...

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Helping clients move forward and knowing they were pleased with the work we did=best parts of our job. Thank you to a very special client for this wonderful treat, and great lawyering by Marc, Carly, and Melanie! #wflg #northhillsdivorce #playhardplayfairplaytowin #familylawspecialists ... See MoreSee Less

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Timeline PhotosIt can be difficult to see your loved ones struggle with their mental health. Wondering how you can support a friend? These six tips may be a good start. 💚#mentalhealthmatters #mentalhealthsupportWhat other tips have helped you speak to a loved one about their mental health? ... See MoreSee Less

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110+ Words of Encouragement To Get You Through A Difficult Time#wflg #northhillsdivorce #playhardplayfairplaytowin #friday #nclawspecialists ... See MoreSee Less

110+ Words of Encouragement To Get You Through A Difficult Time

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No matter what you are going through, a few words of encouragement can make anyone's day just a little better. We rounded up a few to help you endure.

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Check out our latest blog post by WFLG partner Katie H. King. This one is geared toward lawyers who are litigating custody cases involving LGBTQIA+ children. https://wakefamilylawgroup.com/tips-for-advocates-in-custody-cases-involving-lgbtqia-children/ ... See MoreSee Less

Tips for Advocates in Custody Cases Involving LGBTQIA+ Children | Wake Family Law

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A few weeks ago, I had the opportunity to speak on a panel as part of a continuing legal education seminar about serving the needs of LGBTQIA+ clients. We

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Justin’s first day in his 40s is off to a good start. ☑️ NC Autism Society golf tournament today. #wflg #northhillsdivorce #ncautismsociety ... See MoreSee Less

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Wishing a very happy milestone birthday today to WFLG partner Justin Mauney. 🎉🎈You can read more about Justin at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/justin-l-mauney/4️⃣0️⃣ ... See MoreSee Less

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Congrats to WFLG’s Dana Satterfield who was one of the program planners for the program “Keeping It All Together: Today's Family Law Paralegal CPE” and Nancy Grace, who was one the speakers. ... See MoreSee Less

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Happy Friday!#wflg #northhillsdivorce #playhardplayfairplaytowin #friday ... See MoreSee Less

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Happy International Women’s Day!#internationalwomensday #womenshistorymonth #womensupportingwomen #wflg #northhillsdivorce #playhardplayfairplaytowin ... See MoreSee Less

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