Common-Law Marriage And Annulments In North Carolina

North Carolina is not a common-law marriage state. Even if you and your partner have been living together acting as a married couple, you are not automatically awarded the same rights and responsibilities as married couples. However, there are exceptions to the law: North Carolina recognizes common-law marriages established in other states and even other countries that recognize common-law marriage. This is a complicated area of the law with the potential to affect couples down the road.

Even if you never got a marriage license, under recent North Carolina Court of Appeals decisions, your marriage ceremony may still be recognized in North Carolina. Before you try to move forward and marry your current partner, obtain experienced legal help. There are many technical details involved. The Law Office of Bryce D. Neier, PLLC can help you understand. Call 800-332-2807 to talk to an attorney.

You may even want to consider obtaining a prenuptial agreement that divides assets and debts in the event of a divorce later on. Please note that you cannot "prenup away" child custody or child support in North Carolina as that is against public policy. Our founding attorney, Bryce D. Neier, is committed to helping you avoid any unnecessary legal complications. Contact our law firm today to schedule a consultation in Fayetteville, North Carolina. We are committed to addressing your legal concerns so you are left with no surprises.

How To Obtain An Annulment In North Carolina

Obtaining an annulment in North Carolina is not the same as getting a divorce. In fact, specific circumstances need to be met in order to get an annulment. If you and your "ex" want to move forward with an annulment, then you need to obtain experienced legal help.

Since 1992, Fayetteville family law attorney Bryce D. Neier has represented a number of clients seeking to annul their marriages. He will not sugarcoat anything. Instead, he is committed to explaining your rights and the types of annulments available in North Carolina, including:

  • Void marriage — If you or your spouse were legally married to someone else at the time of your marriage, the second marriage would be considered void from inception. However, the court does not have to annul the marriage if you both knew of the prior marriage and still got married and participated in a fraud regarding obtaining the second marriage.
  • Voidable marriage — A voidable annulment can be obtained at the judge's discretion. For example, if you claim you were drunk at the time of the ceremony and were unaware of your actions, you could obtain an annulment based on your incapacity to consent to the marriage. The key difference here is that unlike a void marriage, which is not valid from inception, a voidable marriage is not automatic. There are many different bases to file for annulments, and these types of hearings are not "cut and dry."

Not every situation qualifies for an annulment. If you are interested in pursuing an annulment, we will evaluate your likelihood of obtaining an annulment, while addressing your property division concerns. We want you to understand that this process is not simple and will not be done overnight. Attorney Neier will be upfront with you throughout the legal process so you are not left in the dark.

North Carolina does not recognize same-sex marriage. If you legally entered into a same-sex marriage in a state or country where it is legal, your marriage will not be recognized in North Carolina. Due to the U.S. Supreme Court decisions in the summer of 2013 regarding same-sex marriage, it is critical that you and your attorney keep abreast of these particular legal issues.

Contact Us To Address Your Annulment And Common-Law Marriage Concerns

For your consultation with lawyer Bryce D. Neier, please call 800-332-2807 or contact our Fayetteville office online.