What is the process for getting a marriage annulled?

In North Carolina, if you would like to get your marriage annulled, you must meet specific requirements and go through a specific process. Generally, you must show that the marriage was void or voidable at the time it was entered into. You also must prove that a particular ground for annulment exists. The most common grounds for annulment in North Carolina are that either the marriage was never valid or that a legal defect existed at the time the parties got married. Other possible grounds include bigamy, a physical or mental incapacity that prevented the parties from consenting to marriage, and duress or fraud in obtaining the marriage. The person who is asking for the annulment is the plaintiff. The other party in the marriage is the defendant. The plaintiff must file a Complaint for Annulment in the county where either the plaintiff or the defendant live. The Complaint must include allegations as to why the marriage should be annulled. The defendant then has the opportunity to file an Answer and may also file counter-claims. If there is no dispute, then the court will decide the annulment on the basis of papers and affidavits filed by the parties. On the other hand, if there is a dispute, the court will hold a hearing and both parties may present evidence. The court will then determine if the marriage should be annulled. Finally, if the court grants the annulment, the parties will be restored to the status of single persons, and the marriage will not longer exist in the eyes of the law. This means that the parties are free to marry again.

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