Annulment

Annulment
Statute:	N.C.G.S. § 51-3
Description	An annulment voids the marriage, rather than simply ending it.
Takeaway	Successful annulments while both spouses are living are rare.

Annulments are when a court invalidates the original marriage, rather than just ending it through a divorce. Many spouses ask about an annulment, because it is the only way to avoid having to wait 12 months to terminate the marriage through a traditional divorce. However, annulments are rare and generally you will need to wait out the 12 months.

Grounds for Annulment

The criteria for annulment is spelled out in N.C.G.S. § 51-3. They include:

• Marrying a close family member
• Marrying a minor
• Marrying someone that was already married
• Marrying someone that is impotent
• Marrying someone that is unable to consent, such as through mental disability or duress

Annulments are most often used in the context of an inheritance. Often, someone will trick or take advantage of an elderly wealthy person suffering from dementia in an effort to get some of their assets upon their death. Then, the beneficiaries will annul the marriage after the elderly person passes, to remove the gold-digger's inheritance rights.