Defining Annulment and Divorce in NC

Divorce in NC

When ending a marriage in North Carolina, it’s important to understand the legal requirements. State laws govern the process, and obtaining knowledgeable legal guidance can help ensure your rights are protected.

To file for an absolute divorce in North Carolina, the following requirements must be met:

• You and your spouse must have lived separate and apart for at least one year with the intent for the separation to be permanent.

• Either you or your spouse must have been a legal resident of North Carolina for at least six months prior to filing.

Once these conditions are satisfied, you can file a lawsuit in District Court requesting an absolute divorce. If the case is uncontested, the divorce is typically granted within 45 to 90 days after filing.

Because North Carolina is a no-fault divorce state, the only legal requirement for divorce is that the parties live separate and apart for one year with the intent for the separation to be permanent.

During this separation period, spouses typically work to resolve issues related to property division, financial support, and custody. These matters can be addressed through a separation agreement—a private, written contract between the parties.

It is important to note that claims for equitable distribution (property division) and alimony must be resolved before the divorce is granted, either by agreement or court order, or there must be a pending lawsuit to preserve those claims. If not, the right to pursue those claims is permanently lost.

Because of this, many couples choose to finalize a separation agreement before filing for divorce or file a lawsuit at the same time as the divorce to address unresolved financial or custody matters.

An experienced attorney can help you understand your rights and evaluate your options.

It is important to consult with an attorney before signing any document provided by your spouse or your spouse’s attorney, as these agreements can have lasting legal and financial consequences.

Annulment in NC

Annulment is a legal process that declares a marriage null and void, essentially stating that the marriage never legally existed. It is important to distinguish a legal annulment from a religious annulment, which may be granted by a church but has no legal effect on marital status.

North Carolina law allows annulments only in very limited circumstances. A bigamous marriage, where one spouse was already legally married to another living person, is automatically void.

Other grounds that may qualify for an annulment include:

• The spouses are more closely related than first cousins

• One spouse was physically impotent at the time of the marriage

• One spouse lacked the mental capacity to consent to the marriage

• One spouse was under the age of 16 at the time of the marriage

Annulments are rare, and in most situations, individuals must pursue a divorce. A short marriage or a change of heart—even just days after the wedding—is not sufficient grounds for an annulment.

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