North Carolina Petition to Annul Marriage with No Children or Property

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Multi-State
Control #:
US-01007BG
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Word; 
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Description

An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.

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FAQ

Meaning of annulment in English an official announcement that something such as a law, agreement, or marriage no longer exists, or the process of making this announcement: Judges only grant marriage annulments in exceptional circumstances.

What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.

Unlike divorce, not just any married can get an annulment. In North Carolina, a married couple must be separated for a minimum of one year and one day to obtain an annulment. North Carolina law specifies that an annulment may only be granted where a marriage is either void or voidable.

There is no annulment period in N.C. Whether you have been married a few hours, a few days or a few weeks makes no difference in whether you may qualify for a legal annulment.

Steps for Getting an Absolute Divorce Complete the Court Forms. File Court Papers in the Clerk of Court's Office. Serve the Papers on the Defendant (your Spouse) Wait 30 days, then set date for Hearing. Go to Court with prepared Judgment for Judge's review.

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North Carolina Petition to Annul Marriage with No Children or Property