When a marriage ends, most people think of divorce. But in some cases, a spouse may ask about an annulment instead. While both annulment and divorce end a marriage legally, they are not the same under North Carolina law.
If you’re wondering whether an annulment is possible in your situation (or if divorce is the only option) this guide explains the key differences, the legal requirements, and what you should know before moving forward.
Contact a Martine Law attorney today.
What Is a Divorce in North Carolina?
Divorce is the most common way to end a marriage in North Carolina. It acknowledges that a valid marriage existed and legally dissolves it.
Requirements for Divorce
- Residency: At least one spouse must have lived in NC for 6 months before filing. (N.C. Gen. Stat. § 50-8)
- Separation: Spouses must live separately and apart for one full year before filing for absolute divorce. (N.C. Gen. Stat. § 50-6)
- No Fault Required: North Carolina is a no-fault divorce state, meaning you don’t need to prove misconduct such as adultery or abuse.
Issues Decided in Divorce
Along with the end of the marriage, the court may address:
- Property division (equitable distribution of assets and debts)
- Child custody and visitation
- Child support
- Alimony when applicable
What Is an Annulment in North Carolina?
An annulment is very different. Instead of ending a valid marriage, annulment is a court declaration that the marriage was never legally valid in the first place.
Grounds for Annulment in NC
Annulments are rare and only granted under very specific circumstances, such as:
- Bigamy: One spouse was already married to someone else.
- Incestuous marriage: The spouses are too closely related (nearer than first cousins).
- Impotence: One spouse is physically unable to consummate the marriage.
- Underage marriage: One or both parties were under the legal age to marry and did not have proper consent.
- Lack of consent: Fraud, duress, or mental incapacity at the time of marriage.
- False pretenses of pregnancy: If the marriage was based on a false claim of pregnancy, it may be annulled (if no child is born within 10 months).
If none of these apply, annulment is not available and divorce will be the appropriate legal path.
Effect of Annulment
- The marriage is treated as though it never legally existed.
- Unlike divorce, annulment erases the legal status of the marriage.
- Children of annulled marriages remain legitimate under NC law. (N.C. Gen. Stat. § 50-11.1)
Key Differences Between Annulment and Divorce
| Factor | Divorce | Annulment |
| Legal Status | Ends a valid marriage | Declares the marriage invalid from the start |
| Grounds Required | One year separation (no fault) | Specific statutory grounds (rare) |
| Common? | Very common in NC | Rare, limited circumstances |
| Property/Support | Court divides property, decides custody, alimony | May still address custody and support, but no “marriage” is recognized |
| Effect on Marriage Record | Marriage recognized as valid until divorce | Marriage treated as though it never legally existed |
Which One Is Right for You?
Most couples in North Carolina will need to pursue divorce. Annulment is only available in narrow situations. A lawyer can help determine:
- If your marriage qualifies for annulment under state law.
- Whether filing for divorce will better protect your property, custody, and financial rights.
- How to navigate sensitive family and religious concerns while securing your legal future.
Key Takeaways
- Divorce ends a valid marriage and requires a one-year separation in North Carolina.
- Annulment is rare and only applies when the marriage was invalid from the start.
- Both processes may involve decisions about property, custody, and support.
- If you’re unsure whether you qualify for annulment, consult with a family law attorney.
If you’re considering annulment or divorce in North Carolina, you don’t have to navigate the process alone. At Martine Law, our family law attorneys will review your situation, explain your options clearly, and help you take the right legal steps.
Contact us today for a confidential consultation: Martine Law Contact Page.