North & South Carolina Annulment Attorneys
Serving North & South Carolina Since 1995
Annulment is a legal process that declares a marriage null and void, treating it as if it never happened. Unlike divorce, which ends a valid marriage, annulment establishes that the marriage was invalid from the beginning. This means that legally, the marriage is considered to have never existed.
Obtaining an annulment can be difficult, but Collins Family & Elder Law Group is here to help. If you are seeking an annulment in North or South Carolina, turn to our team of experienced attorneys for the compassionate, personalized legal counsel you need during this difficult time.
What Are the Legal Requirements for Annulment?
The specific legal requirements for annulment vary by jurisdiction, but generally, the following grounds may be considered:
- Fraud or Misrepresentation: If one spouse deceived the other about an important aspect of the marriage, such as their identity, intentions, or ability to have children, it may be grounds for annulment.
- Bigamy or Polygamy: If one party was already married to someone else at the time of the marriage, the subsequent marriage can be annulled.
- Incestuous Marriage: If the spouses are closely related by blood, the marriage may be annulled.
- Lack of Consent: If one party was forced or lacked the mental capacity to give consent at the time of the marriage, it may be grounds for annulment.
- Underage Marriage: If one or both parties were underage and did not have proper consent or authorization to marry, the marriage can be annulled.
Differences Between Annulment & Divorce
While both annulment and divorce involve the dissolution of a marriage, they differ in legal effects.
Here are a few key distinctions:
- Legal Status: An annulled marriage is considered void from the beginning, as if it never happened. In contrast, a divorce ends a valid marriage.
- Division of Assets: During an annulment, the court typically treats property and assets as separate, returning them to their original owners. In a divorce, assets are often divided between the spouses.
- Child Custody and Support: In both annulment and divorce, issues related to child custody and support can be addressed, but the specific legal processes may vary.
Annulment Laws in North and South Carolina
Both North and South Carolina have similar grounds for annulment, including:
- Mental Incapacity
North Carolina also allows for annulment if either party was under the age of 16 at the time of marriage. However, South Carolina does not specifically address underage marriage as a ground for annulment.
When to Hire an Annulment Attorney
Hiring an annulment attorney can be beneficial in navigating the complex legal process. An annulment attorney from Collins Family & Elder Law Group can help you in the following ways:
- Understanding Eligibility: Our attorneys can assess the circumstances of your marriage and determine if it meets the legal requirements for annulment.
- Providing Legal Counsel: Our annulment attorneys have in-depth knowledge of family law and can guide you through the legal proceedings, ensuring your rights are protected.
- Negotiations and Representation: If there are disputes regarding child custody, property division, or spousal support, our attorneys can negotiate on your behalf and represent your interests in court.
Call Our Firm Today to Get Started
We encourage you to reach out to our firm right away if you believe you may have grounds for annulment in North or South Carolina. We can review the details of your case and determine your eligibility, as well as represent your interests throughout the entire process.
Our annulment attorneys are well-versed in state and federal laws and can provide the personalized guidance you need.