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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Our WFLG associates, Rachel Beard, Carly Baker, Kelley Cash, and Melanie Phillips. March 2022 ... See MoreSee Less

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Happy birthday to WFLG partner, Justin Mauney! You can read more about Justin at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/justin-l-mauney/ ... See MoreSee Less

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Work anniversaries: March is 1 year since paralegals Caitlin Tatum and Austin Hiskes joined our firm! Thanks for all your hard work and everything you do for WFLG! We are so lucky to have you as part of our work family. ... See MoreSee Less

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WFLG is pleased to announce that Norieh Brittain has joined the firm as an associate attorney.Norieh graduated with honors from North Carolina Central University School of Law where she received much recognition for her achievements in Moot Court. Norieh practiced with another local family law firm before joining our firm. Norieh is a second career lawyer, having had a career in the corporate world prior to law school, and she is a mother to three young children. As a wife and mother, Norieh understands the complexities that come with issues that arise in family law. Her passion is to not only protect her clients and their interests but to represent them fiercely.She is also fluent in the Farsi/Persian language and is one of the only family law attorneys in the state to have that special skill. Welcome to WFLG, Norieh! ... See MoreSee Less

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When you feel like you must vent about your ex/your divorce/custody problems/etc. on Facebook, please don’t. Your lawyer will thank you. #wflg#northhillsdivorce ... See MoreSee Less

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Oh hi there! 🤩🌇 Photo by: Danny Clarke Photography ... See MoreSee Less

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WFLG attorneys Rachel Beard and Carly Baker are volunteering today at #4ALLNCBF, the North Carolina Bar Foundation Statewide Service Day. #4ALL provides free legal answers to callers across the state today. #ncba #ncbfoundation #probono #volunteer #attorney ... See MoreSee Less

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Celebrating the WCPSS performing arts and the 40th anniversary of Pieces of Gold. #wcpss #unitedartscouncilofraleigh#piecesofgold#wflg#northhillsdivorce ... See MoreSee Less

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#Arbitration in family law cases is a critical tool in efficiently and privately resolving disputes when the parties cannot reach their own settlement. @Ketan Soni and @Nancy Grace recorded this program as part of the North Carolina Bar Association (NCBA) Expert Series CLE. Learn more here:https://lnkd.in/g5-DGMXt?#law #lawtech #divorce #divorcelawyer #familylaw #familylawyer #court #northcarolina #disputeresolution ... See MoreSee Less

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Wishing a very happy milestone birthday to WFLG founding partner, Helen O’Shaughnessy!You can read more about Helen at: https://wakefamilylawgroup.com/family-law-divorce-attorneys/helen-m-oshaughnessy/ ... See MoreSee Less

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So proud to support our Wake County Public schools! #thankyouteachers #northhillsdivorce#wflgThank you Wake Family Law Group for being a 2022-2023 Pleasant Union Elementary School Gold Level sponsor. We appreciate your support! ... See MoreSee Less

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Rest well, Odis Stephenson. You were a bright light to so many of us lawyers in the courthouse—always encouraging, always kind. Thank you for sharing your stories about your family with us (we know your reunion with your beloved Lizzie must have been joyous). Thank you for reminding us that FAMILY is at the center of what we do at the courthouse and why we do it. You were a treasure to this community and a credit to the profession you so proudly served. ... See MoreSee Less

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