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 / Annulment vs Divorce in NC

Annulment vs Divorce in NC

raleigh NC divorce lawyer

Divorce in NC

North Carolina marriage laws require a one-year separation which is intended to be permanent 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 an absolute divorce in NC. In general, it can take 45-90 days after filing to get an uncontested 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 before 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.

An experienced attorney can help you assess your options.

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

Annulment in NC

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.

There are very limited grounds to qualify for an annulment in North Carolina. A bigamous marriage, where one spouse was already legally married to another living person, is voided.

Other reasons that may be legal grounds to void a marriage include the spouses being family members 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. Annulments are rare, in most cases partners must seek a divorce. A quick change of heart after even just days of the marriage is not grounds for annulling a marriage.

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

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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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April is our big birthday month at WFLG!Today we are celebrating the birthday of WFLG attorney Carly Baker. You can read more about Carly at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/carly-g-baker/ ... See MoreSee Less

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Why is hiring a family law firm with board-certified family law specialists important? The State Bar’s certification process helps the public identify attorneys who are experienced and skilled in family law and informs the public of this expertise. ⚖️ To be certified as a family law specialist in North Carolina, an attorney must have practiced a minimum number of years with substantial involvement in family law, undergo a peer review process, and pass a written exam (like a bar exam, just for family law). Specialists must apply for re-certification every five years. ⚖️ NINE of our attorneys are board-certified family law specialists, and our associates are all required to apply to be specialists as soon as they are eligible to do so. ⚖️ Our firm’s focus and requirement of having attorneys who are all specialists or working toward becoming specialists, shows our clients and prospective clients we value being EXPERTS in our practice area. #nclawspecialists#boardcertified#familylaw#wflg#northhillsdivorce#playhardplayfairplaytowin ... See MoreSee Less

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