{"id":375377,"date":"2016-03-31T21:36:12","date_gmt":"2016-04-01T02:36:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-annulment-and-prohibited-marriage-laws.html"},"modified":"2023-01-31T15:35:47","modified_gmt":"2023-01-31T20:35:47","slug":"north-carolina-annulment-and-prohibited-marriage-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-annulment-and-prohibited-marriage-laws.html","title":{"rendered":"North Carolina Annulment and Prohibited Marriage Laws"},"content":{"rendered":"\n
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North Carolina Annulment and Prohibited Marriage Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of annulment and prohibited marriage laws<\/a> that prohibit marriage in certain circumstances. A prohibited marriage<\/a> is void because the marriage was never lawful in the first place. Generally, there’s no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry a relative.<\/p>\r\n

An annulment<\/a>, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce<\/a> end a marriage, an annulment wipes the slate clean as if there had been no marriage to begin with. You usually need to get an annulment within a certain amount of time, so it is important to know the laws and act promptly if you are considering annulling your marriage.<\/p>\r\n

This article provides a brief overview of annulment and prohibited marriages in the state of North Carolina.<\/p>\r\n

North Carolina Annulment and Prohibited Marriage Laws<\/h2>\r\n

The following chart highlights the main provisions of North Carolina’s annulment and prohibited marriage laws, while a closer look at the law follows. See FindLaw’s Marriage Law Overview<\/a> section for additional articles and resources.<\/p>\r\n\r\n

Grounds for Annulment<\/p>\r\n<\/th>\r\n

When a license to marry is procured by a person under the age of 18 by fraud or misrepresentation, a parent of the underage party, a person, agency, or institution having legal custody or serving as a guardian of the underage party, or a guardian ad litem appointed to represent the underage party is a proper party to bring an action to annul the marriage (N.C.G.S. \u00a7 51-2(c)<\/a>)
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Time Limits for Obtaining Annulment<\/p>\r\n<\/th>\r\n

Legitimacy of Children<\/p>\r\n<\/th>\r\n

A child born of voidable marriage is legitimate notwithstanding the annulment of the marriage (N.C.G.S. \u00a7 50-11.1<\/a>)<\/td>\r\n<\/tr>

Prohibited Marriages<\/p>\r\n<\/th>\r\n

Same-Sex Marriages<\/p>\r\n<\/th>\r\n