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can you cancel a marriage in NC without filing for fivorce if the marriage too place only about 4 days ago? GAD

2006-08-08 17:21:14 · 5 answers · asked by usaf1222 1 in Family & Relationships Weddings

thanks for all the answers, this gives me a little hope.
i got married in orange county.
it says that if you were mentally incapable or under the influence of drugs or alcohol the marriage can be void.

will it count if i was on nyquil that day and feeling very drowsy ?

2006-08-09 00:41:09 · update #1

5 answers

With it being that soon, you may be able to get an annulment. Check with an attorney just to be sure.

Sorry things didn't work out for you both.

2006-08-08 17:34:25 · answer #1 · answered by Angie P. 6 · 0 0

1

2016-04-16 05:13:41 · answer #2 · answered by ? 3 · 0 0

The following is information concerning annulment which is a declaration that a marriage is null and void for the State of North Carolina .If you meet the guidelines listed you could in effect cancel the marriage by annulment .An annulment is a court order that declares a marriage void. That means that the marriage is considered to have never existed. A person that has had a marriage declared void by annulment can indicate that they have never been married.

Grounds for Annulment
In North Carolina there are very few 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:

A marriage between any two persons nearer in relationship than first cousins. First cousins are the son or daughter of an uncle or aunt.

A marriage between double first cousins. Double first cousins occur when a set of brothers marries a set of sisters, or a brother and a sister marry another sister and brother, and they produce children. The children of these two marriages are double first cousins.

A marriage between a male person under 16 years of age and a female (with the exception of a court order as a result of a pregnancy when between the ages of 14 and 16).

A marriage between a female person under 16 years of age and a male (with the exception of a court order as a result of a pregnancy when between the ages of 14 and 16).

A marriage where either of the parties is physically impotent at the time of the marriage. Impotence must be permanent, incurable and medically diagnosed by a doctor.

A marriage between persons either of whom is, at the time of the marriage, 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.
Read North Carolina law regarding annulment

No marriage, except for a bigamous* one which is followed by the spouses living together and the birth of a child, shall be declared void after the death of either of the spouses. Also, no marriage by anyone 16 years old and otherwise competent to marry will be declared void when the girl is pregnant, or when a child has been born to the parties, unless at the time of the action to annul, the child has died.
A marriage contracted under the representation and belief that the female is pregnant, will be voidable unless a child has been born within 10 lunar months of the date of separation if the parties separate within 45 days of the marriage and the separation has been continuous for a period of one year.

Finally, church annulments are not the same as legal annulments.

*In North Carolina, only a bigamous marriage and marriage between two people of the same gender is automatically void and does not require court action to make it so. A bigamous marriage is a marriage between persons either of whom already has a husband or wife living at the time of the subsequent marriage. This differs from the voidable marriage above that that requires a court order.

2006-08-08 17:42:30 · answer #3 · answered by Anonymous · 0 0

Did you get married in Harnett County?

2006-08-08 17:42:21 · answer #4 · answered by Anonymous · 0 0

Depends on why you want it annulled.

http://en.wikipedia.org/wiki/Annulment

Call legal counsel or possibly your County Clerk first thing in the morning.

2006-08-08 17:35:16 · answer #5 · answered by weddrev 6 · 0 0

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