Fayetteville Annulment Attorneys
Helping You Seek an Annulment in North Carolina
Annulments are often misunderstood. Many people believe that an annulment is a religious process that can only be obtained if the marriage was never consummated. In reality, an annulment is a legal process that can be obtained for a variety of reasons. If you are considering an annulment, it is important to speak with an experienced family law attorney to learn more about your options.
At Rand & Gregory, PA, we have been helping clients with their family law matters for years. We understand the complexities of the annulment process and can help you determine if you qualify. If you do, we can help you file the necessary paperwork and guide you through the process. If you do not qualify, we can help you explore other options, such as a divorce or legal separation.
Call (910) 684-4049 or contact us online to schedule a consultation with our annulment lawyers in Fayetteville.
What Is an Annulment?
An annulment is a legal process that declares a marriage null and void. In other words, an annulment is a legal declaration that the marriage was never valid. Unlike a divorce, which is the legal process of ending a valid marriage, an annulment is a legal process of declaring that a marriage was never valid in the first place.
When a marriage is annulled, it is as if the marriage never happened. The parties are not considered to have ever been married, and they do not have the same rights and obligations as a married couple. For example, if a marriage is annulled, the parties do not have the right to inherit from each other, and they do not have the right to receive spousal support.
Annulments are different from religious annulments. In religious annulments, the marriage is declared null and void. However, a religious annulment does not have any legal effect. To obtain a legal annulment, you must go through the legal process.
Legal Grounds for Annulment
Not all marriages can be annulled. In order to obtain an annulment, you must have legal grounds for the annulment. In North Carolina, there are several legal grounds for annulment. If you do not have legal grounds for an annulment, you may still be able to obtain a legal separation or a divorce.
Legal grounds for annulment in North Carolina include:
- One or both parties were under the age of 16 at the time of the marriage
- One or both parties were under the age of 18 at the time of the marriage and did not have the consent of a parent or guardian
- One or both parties were under the age of 21 at the time of the marriage and did not have the consent of a parent or guardian
- One or both parties were married to someone else at the time of the marriage
- One or both parties were physically impotent at the time of the marriage
- One or both parties were mentally incompetent at the time of the marriage
- One or both parties were under the influence of drugs or alcohol at the time of the marriage
- One or both parties were forced or coerced into the marriage
- One or both parties entered into the marriage as a joke or a dare
- One or both parties entered into the marriage as part of a fraudulent scheme
How to File for an Annulment
The process for filing for an annulment varies from state to state. In North Carolina, you must file a complaint for annulment with the court. The complaint must include the legal grounds for the annulment and any other relevant information. Once the complaint is filed, you must serve the other party with a copy of the complaint. The other party then has a certain amount of time to respond to the complaint.
If the other party does not respond to the complaint, the court may grant the annulment. If the other party does respond to the complaint, the court may hold a hearing to determine if the annulment should be granted. If the court grants the annulment, it will issue an order declaring the marriage null and void.
How Long Does an Annulment Take?
The length of time it takes to obtain an annulment varies depending on a variety of factors, such as the complexity of the case and the court’s schedule. In general, an annulment takes less time than a divorce. However, the process can still take several months or longer, especially if the case is complex or contested.
If you are considering an annulment, you should speak with an experienced family law attorney to learn more about the process and how long it may take. An attorney can help you understand the process and guide you through the process.
How Does an Annulment Affect Children?
When a marriage is annulled, the parties are not considered to have ever been married. As a result, the parties do not have the same rights and obligations as a married couple. For example, if a marriage is annulled, the parties do not have the right to inherit from each other, and they do not have the right to receive spousal support.
However, if the parties have children together, they still have the same rights and obligations as parents. For example, if the parties have children together, they still have the right to seek child custody and child support. In addition, if the parties have children together, they may still be required to pay for the children’s medical expenses and other expenses.
If you are considering an annulment and you have children with the other party, you should speak with an experienced family law attorney to learn more about your rights and obligations. Our Fayetteville annulment attorney can help you understand the process and guide you through the process.
How Does an Annulment Affect Property?
When a marriage is annulled, the parties are not considered to have ever been married. As a result, the parties do not have the same rights and obligations as a married couple. For example, if a marriage is annulled, the parties do not have the right to inherit from each other, and they do not have the right to receive spousal support.
However, if the parties own property together, the property may still need to be divided. In general, the court will divide the property based on the principles of equitable distribution. Equitable distribution is a legal principle that requires the court to divide the property in a fair and equitable manner. In some cases, the court may order the property to be sold and the proceeds to be divided. In other cases, the court may order one party to buy out the other party’s interest in the property.
Call (910) 684-4049 or contact us online to schedule a consultation with our annulment lawyers in Fayetteville.
We're Here To Help
Contact Rand & Gregory to discuss your case today.