In the state of NC, can I get an annullment if I got married on Sept. 13th up to now?
I've found out that my husband has a troubled past that is bleeding into our relationship.
- KitKatLv 61 decade agoFavorite Answer
Unless you meet certain criteria, you can't get an annullment. Doesn't matter how long you have been married:
" In North Carolina there are only certain narrow circumstances in which a marriage can be declared void. The length of time married is not a determining factor to request an annulment. One of the six following criteria must be proven in District Court to have a marriage declared void.
All marriages between any two persons nearer in relationship than first cousins .
• All marriages between double first cousins http://www.ncga.state.nc.us/EnactedLegislation/Sta... 3-4-2005
• All marriages between a male person under 16 years of age and any female with the exception of a court order as a result of a pregnancy when between the ages of 14 and 16
• All marriages between a female person under 16 years of age and any male with the exception of a court order as a result of a pregnancy when between the ages of 14 and 16.
• All marriages between persons either of whom is at the time physically impotent .
(Impotence must be medically diagnosed by a doctor.)
• All marriages between persons either of whom is at the time incapable of contracting due to want of will or understanding is not automatically void. The test for determining mental capacity of someone to enter into a contract to marry is the ability of the person, at the time of the marriage, to understand the special nature of a contract of marriage, and the duties and responsibilities which it entails. Such a determination is made on a case-by-case basis. Ivery v. Ivery , 258 N.C. 721, at 732. 3-4-2005
No marriage, except for a *bigamous one, which is followed by cohabitation and the birth of a child shall be declared void after the death of either of the parties. No marriage by persons either of whom maybe under 16 years of age, and otherwise competent to marry, shall be declared void when the girl shall be pregnant, or when a child shall have been born to the parties unless the child at the time of the action to annul shall be dead.
A marriage contracted under the representation and belief that the female partner to the marriage is pregnant , shall be voidable unless a child has been born to the parties within 10 lunar months of the date of separation if the parties separate within 45 days of the marriage and the separation has been continuous for a period of one year."Source(s): NC Paralegal
- ?Lv 71 decade ago
Maybe, maybe not. The grounds for annulment are generally some kind of "fraud" from one party entering into a relationship. For example the inability to have sex is grounds for an annulment. Mental instability that was not disclosed may... may be grounds. But time is of the essence. You can file for an annulment and see where it goes. A lawyer can tell you if your grounds are adequate, but you can file without a lawyer by filling out the form and submitting it to the court.
- Got Security?Lv 61 decade ago
doubt it. although divorce on the grounds of false representation of self may be possible.