Annulment dating
Before I go any further, however, you should know that most attorneys (myself included) will go their entire careers without ever handling an annulment case.The fact is that very few cases actually qualify for an annulment in North Carolina.If a party to the marriage is “at the time incapable of contracting from want of will or understanding” than the marriage may be subject to annulment.A person can lack mental capacity if at the time of marriage they are unable to understand the “special nature of a contract of marriage, and the duties and responsibilities which it entails.” This could happen when someone is so intoxicated or mentally retarded that they are incapable of understanding what they did. If your wife lied to you about being pregnant, and you relied on that false representation in getting married to her, than you may qualify for an annulment.There are only a few isolated instances when an annulment is allowed under North Carolina Law.If you marry someone who is “nearer in kin than first cousins, or between double first cousins” then you may qualify for an annulment in North Carolina.
Articles 35 to 38 set the conditions that void an existing marriage.The first think you should do is contact a divorce lawyer in your county to determine whether or not your interpretation of the law is correct.As I mentioned before, most divorce lawyers go their entire career without filing an annulment for a client – but it does happen from time to time.Adultery or aggressive attempts by one spouse to get the other spouse to change religions; adopt political views or prostitute herself or a child in the home, are also grounds for legal separation.If one spouse leaves the other spouse without having a reason held as valid by the court, the abandoned spouse can file for separation after a year has passed.



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