Annulment in North Carolina
Only void and voidable marriages may be annulled in North Carolina.
A voidable marriage is valid until successfully attacked by one of the spouses during their lifetime. A marriage may be voidable that:
A void marriage is one that is void ab initio, void from its very beginning. In North Carolina, a bigamous marriage is a void marriage. Even though it is a legal nullity, it is necessary to bring a a lawsuit to delcare the marriage void and correct North Carolina vital records.
Annulment law in North Carolina is a complex area that is not often litigated. Rice Law has successfully prosecuted annulments for our clients and dealt with the issue of bigamous marriages. We have been succesful, at least in one case, in obtaining a money judgment for the fraud associated with the bigamous marriage. In North Carolina, a spouse may receive post separation support in an action for annulment. However, equitable distribution of the parties' property and permanent alimony are not remedies that are available in an annulment action.
N.C. Gen. Stat. §51-3 sets forth NC Law on void and voidable marriages
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