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Matthews Annulment Attorney
Marriage is intended to be a legally binding and lifelong commitment, but not every marriage meets the legal standards to be considered valid under North Carolina law. In certain circumstances, a marriage may be void or voidable, meaning it can be declared legally invalid from the beginning. This legal process is called an annulment.
Annulments are different from divorces. While a divorce ends a valid marriage, an annulment establishes that the marriage was never legally valid in the first place. Because annulments are rare and only granted under specific legal grounds, it’s essential to work with an experienced Matthews annulment attorney who can guide you through the process and protect your interests.
To speak with our experienced Matthews annulment lawyers, call us at (704) 659-0007 or contact us online today.
What Is an Annulment?
An annulment is a court order declaring that a marriage was invalid from the outset. In legal terms, this means the marriage is treated as though it never happened. Unlike divorce, which dissolves a legal union, an annulment essentially erases the legal relationship.
In North Carolina, annulments are only available in limited situations where the marriage violates specific legal requirements or was entered into under particular conditions. When granted, an annulment affects issues such as property division, spousal support, and even the legitimacy of children.
Grounds for Annulment in North Carolina
North Carolina law recognizes only a few valid grounds for annulment. These cases are fact-specific and must meet strict criteria to succeed. A court will only grant an annulment if one of the following legal grounds is met:
1. Bigamy
A marriage is automatically void if one spouse was already legally married to another person at the time of the marriage. This is considered bigamy, and the second marriage is invalid under North Carolina law.
2. Incestuous Marriage
Marriages between close relatives (closer than first cousins) are prohibited. If a couple is found to be closely related by blood, the marriage is void and subject to annulment.
3. Lack of Mental Capacity
If one or both parties lacked the mental capacity to understand the nature of the marriage contract at the time of the ceremony—due to mental illness, intoxication, or another condition—the marriage may be annulled.
4. Underage Marriage
North Carolina law requires individuals to meet certain age requirements before marrying. If one party was under the legal age and did not have the necessary court approval or parental consent, the marriage may be annulled.
5. Impotence
If one spouse is permanently and incurably impotent and the condition was unknown to the other spouse at the time of marriage, this may be grounds for annulment.
6. Fraud or Duress
If a marriage was entered into based on fraudulent misrepresentation or under coercion, the court may annul the marriage. However, the fraud must go to the essence of the marital relationship—for example, lying about the ability to have children or marrying only for immigration status.
It's important to note that a short duration of the marriage or simple regret is not a valid legal reason for annulment. Each case must be evaluated based on its unique facts and the specific legal standards involved.
Void vs. Voidable Marriages
North Carolina law distinguishes between void and voidable marriages:
- A void marriage is invalid from the beginning. No legal action is technically necessary to annul a void marriage, but a formal court declaration provides clarity and legal certainty. Examples include bigamous or incestuous marriages.
- A voidable marriage is considered valid until a court declares it invalid through annulment. Most annulment cases involve voidable marriages and require formal legal proceedings.
A knowledgeable Matthews annulment attorney can assess your situation and determine whether your marriage qualifies for annulment under state law.
Legal Process for Annulment
The process for obtaining an annulment begins by filing a civil complaint in the county court where either party resides. The party seeking the annulment must present evidence proving that one of the legally recognized grounds exists. If the court finds sufficient proof, it will issue an order declaring the marriage invalid.
During the annulment process, the court may also address other issues, including:
- Child custody and support: Children born to a marriage that is annulled are still considered legitimate under North Carolina law. The court will determine custody, visitation, and child support as it would in a divorce case.
- Property division: Since the marriage is considered never to have legally existed, property rights may be handled differently than in divorce. However, the court can still equitably divide jointly acquired assets and debts, depending on the circumstances.
- Spousal support: Annulments generally do not result in alimony awards, but exceptions can apply depending on the facts of the case.
Our firm helps clients gather the necessary evidence, present a compelling case, and address all related legal concerns that arise during annulment proceedings.
Common Misconceptions About Annulment
Annulments are often misunderstood, partly due to portrayals in popular culture. Below are some common misconceptions:
"Annulments are faster or easier than divorce."
Not necessarily. Annulments can be just as complex as divorces, especially when children or significant assets are involved. The burden of proof is higher in annulment cases because the petitioner must demonstrate specific legal grounds.
"A short marriage can be annulled automatically."
The length of the marriage has no legal bearing on annulment eligibility. A marriage lasting only days or weeks must still meet one of the legal grounds to be annulled.
"Religious annulments and legal annulments are the same."
Religious annulments may be granted by a church or religious institution but do not carry legal weight. Only a civil annulment from a court will legally void a marriage in North Carolina.
Having accurate legal guidance is critical when evaluating whether an annulment is the right path. If annulment is not appropriate, a divorce may be the more effective option.
Why Legal Representation Matters
Because annulments are only granted under narrow legal circumstances, many petitions are denied due to lack of evidence or procedural errors. Working with a skilled Matthews annulment attorney ensures your case is carefully evaluated and supported by solid legal arguments.
Our team assists with:
- Reviewing the facts of your case
- Determining if an annulment is legally appropriate
- Filing and managing all court documentation
- Representing you during hearings or trial
- Addressing related issues like custody and property
We provide clarity on your rights and options, and we advocate for your interests with precision and discretion.
Speak With a Matthews Annulment Attorney Today
If you believe your marriage may be invalid under North Carolina law, it’s essential to act quickly. The legal grounds for annulment are limited, and the burden of proof can be high. A consultation with a knowledgeable Matthews annulment attorney can help you understand your legal standing and take the appropriate next steps.
Contact Rech Law, P.C. today to schedule a confidential consultation and get experienced legal guidance tailored to your situation.
To speak with our experienced Matthews annulment lawyers, call us at (704) 659-0007 or contact us online today.
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