Most people assume that ending a marriage always means filing for divorce. In North Carolina, that’s not the whole story. While many couples go through the traditional divorce process, some may qualify for an annulment instead. Both options legally end the relationship, but they work very differently. A divorce ends a valid marriage. An annulment says the marriage was never legally valid at all. That distinction affects everything from property rights to support, and for some couples, it opens a completely different path forward.

The Separation Requirement: One Year

One of the most misunderstood parts of North Carolina family law is the separation rule. Before either spouse can file a claim for absolute divorce, the spouses must live separately for one year. However, either party may file claims that relate to separation and divorce as soon as they are separated. This includes equitable distribution, alimony, child custody, and child support. The longer the parties wait to address these issues, the more complicated they become.

How an Annulment Changes Your Rights

Because an annulled marriage is treated as if it never existed:

• The court cannot divide marital property
• The court cannot order spousal support
• However, child support and child custody can and should be addressed if the couple shares children (note that the birth of children during a marriage may affect the viability of an annulment claim).
  For many people, these differences matter just as much as the legal status of the marriage itself.

Grounds for Annulment in North Carolina

North Carolina only allows annulments in specific, clearly defined situations. Here are the legally recognized grounds:

1. One or Both Spouses Were Underage
   Marriage under age 16 generally requires parental or guardian consent. Without it, the marriage is void. Exceptions exist when pregnancy or childbirth occurs.
   
2. Incest
   Marriages between close relatives — closer than first cousins — are void. This includes
   parent-child relationships, siblings, and double first cousins.
   
3. Bigamy
   If someone marries while still legally married to another living person, the second marriage is invalid. Bigamy is also a felony in North Carolina, punishable by potential jail time.
   
4. Lack of Capacity or Consent
   A marriage is voidable if it happened because one spouse was coerced, threatened, tricked, or lacked the mental capacity to consent. Timing matters; continuing to live together can weaken the claim.
   
5. Impotence
   If one partner is physically unable to engage in sexual relations — and this was unknown at the time of marriage — an annulment may be granted with medical confirmation.
   
6. Mistaken Belief of Pregnancy
   If the marriage occurred because the couple believed the wife was pregnant with her spouse’s child, and that belief was mistaken, the marriage may be annulled.

The Important Exception

North Carolina places one major limit on annulments: If a couple lived together and had children, the marriage cannot be declared void after the death of either spouse —unless the case involves bigamy.

Choosing the Right Path

Understanding whether to pursue a divorce or an annulment depends on your circumstances, your goals, and the legal grounds available. While both options end the relationship, the protections and outcomes can vary widely.

If you need help understanding your options or determining which path fits your situation, Kreider Attorneys at Law can walk you through the process with clarity and practical guidance.