Can a couple get an annulment in a state they don't live in?

My mother has gotten herself into a bad situation. She has married a man that has financially ruined her. He didn't steal any money, he just spent her down to nothing. Also, it just come to her attention that he owes 40K in back child support. He assures her that they can't take her money even though they are married but she still is nervous. They got married in SC but live in NC and neither one of them have residences or are citizens of SC. Can they still get their marriage anulled?

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  • Anonymous
    10 years ago
    Favorite Answer

    They probably would not meet the criteria to have their marriage Annulled, but they can be divorced in the county where they have established residency, For Annulment you have to determine based upon how long they have been married, was there any fraud involved in getting married, not after, was the marriage consummated and if the marriage does not include one or more of these divorce is the only option, The following is some additional requirements that would allow annulment.}{

    A person that has had a marriage declared void by annulment can indicate that they have never 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.

    1. 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

    http://www.ncga.state.nc.us/EnactedLegislation/Sta... 3-4-2005

    • 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

    http://www.ncga.state.nc.us/EnactedLegislation/Sta... 3-4-2005

    http://www.ncga.state.nc.us/EnactedLegislation/Sta...

  • Anonymous
    10 years ago

    I think divorce law is the same in any state ,

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