By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 31, 2023
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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 that prohibit marriage in certain circumstances. A prohibited marriage 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.
An annulment, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce 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.
This article provides a brief overview of annulment and prohibited marriages in the state of North Carolina.
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 section for additional articles and resources.
Grounds for Annulment |
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. § 51-2(c)) |
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Time Limits for Obtaining Annulment |
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Legitimacy of Children |
A child born of voidable marriage is legitimate notwithstanding the annulment of the marriage (N.C.G.S. § 50-11.1) |
Prohibited Marriages |
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Same-Sex Marriages |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Deciding to end a marriage (or wondering whether or not your marriage was legal to begin with) is never a simple choice. For more information and resources regarding this topic, you can visit FindLaw's sections on Annulment, Divorce, and North Carolina Family Law.
If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local family law attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your state.
Get started by receiving a consultation from a North Carolina divorce attorney today.
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