Married couples have only two options in North Carolina to end their marriage: seek a divorce or seek an annulment.  Annulment is an action only available for parties to a defective marriage. Defective marriages are those considered legally void or legally voidable. Marriages that do not fall into either of these two categories can only be terminated through a divorce.

What is a Void Marriage?

There is only one marriage situation that is considered void in North Carolina: the bigamous marriage.  This exists when two marriages exist for one person.  According to NC statues, the first marriage in these situations is the one considered valid and any party who marries another while married is subject to a felony (as is anyone who assisted with said marriage).  Any and all void marriages can never be made valid. 

What is a Voidable Marriage?

Voidable marriages are those that are legal marriages, but where at least one voidable circumstance exists.  Voidable circumstances can include:

•    Age of the parties being married – either spouse is under the age of 16. 
•    Familial relations among the married parties are closer in relation than first cousins or double first cousins 
•    if either party is incapable of contracting at the marriage ceremony;
•    if either spouse was mentally incompetent during the marriage

At least one factor must exist to pursue annulment. Additionally, voidable marriages may be made valid once the voidable factor has been resolved. 

What are Effects of Annulment? 

After a marriage annulment, both alimony and property cannot be collected or distributed, since the marriage effectively never existed. However, any children as product of the marriage do remain legitimate and child support can be awarded.