What is the difference between Annulment and Divorce?

What is a Divorce?

A divorce ends the bounds of marriage. In NC, you must be separated for 1 year before you can file for divorce (unless your spouse is incompetent). Because the marriage was lawful, you are entitled to a separation of the property purchased/earned during the marriage. If you're spouse engaged in marital misconduct (such as an affair) during the marriage, you may also be entitled to post-separation support and/or alimony.  Before or during filing, you must request post-separation support, alimony and a distribution of the marital property, otherwise, you lose your right to claim it. 

What is an annulment?

An annulment is an order from the court stating that your marriage never existed. This is very different from a divorce which simply ends an existing marriage. An annulment does not give you rights to post-separation support, alimony, or a distribution of the property as does a divorce. A major misconception is that the length of the marriage warrants an annulment, however, in NC this is not a factor.

Which marriages can be annulled?  
Bigamous marriages are void and are deemed to have never existed in NC. 
Upon application to the court, the following marriages can also be annulled:

1. Marriages between 2 people who are closer than 1st cousins (sister and brother)
2. When one party is under the age of 16, unless the woman is pregnant and the child is still alive 
3. Marriage under the false pretense that the woman was pregnant and no child is born within 10 months of separation
4. Permanent sexual impotence of either party

Despite these instances, a marriage that has been followed by the couple living together and the birth of a child cannot be annulled once one of the parties is deceased (unless the marriage is bigamous). 

For more information on annulments and divorces in North Carolina, contact me at (919)321-6569, Nastasia@kisalawatkins.com; www.kisalawatkins.com.