North Carolina courts can annul marriages that were never legally valid, but living together as a couple might defeat your claim. Here's how the process works.
In North Carolina, you can get an annulment for only a handful of reasons, such as bigamy, incest, being underage, or fraud about a pregnancy. Other grounds include permanent impotence and a spouse's lack of mental capacity to consent to the marriage. Either spouse can file for an annulment in district court, usually in the county where you or your spouse lives, and you'll need to prove your grounds at a hearing.
Annulment isn't the same as divorce. A divorce ends a valid marriage, while an annulment means the marriage was never valid. Below, we cover who qualifies for an annulment in North Carolina, what happens after, and how to file.
What Are the Grounds for an Annulment in North Carolina?
North Carolina presumes marriages are valid, so courts don't grant annulments easily. To qualify, you'll need to show your marriage fits one of these grounds:
- bigamy (one spouse was already married to someone else)
- incest (the spouses are too closely related under North Carolina law)
- underage marriage (see below)
- permanent impotence that existed at the time of the marriage
- mental incapacity (a spouse couldn't understand or consent to the marriage contract), or
- fraud about a pregnancy (the marriage was based on a mistaken belief that the wife was pregnant).
(N.C. Gen. Stat. § 51-3 (2026).)
How North Carolina Defines Void and Voidable Marriages
Technically, North Carolina's annulment statute calls these marriages "void" (never valid to begin with). Still, courts have long read the law to mean "voidable" (valid unless and until a court annuls it) in every case except bigamy. (N.C. Gen. Stat. §§ 50-4, 51-3 (2026).)
Exceptions for Impotence, Underage Marriage, and Pregnancy Fraud
A few grounds come with extra requirements that could affect your case.
Impotence
The impotence must have existed at the time of the marriage and be permanent and incurable; a temporary or treatable condition doesn't count. Courts typically require medical evidence to prove the claim. (North Carolina Pattern Jury Instructions: Civil 815.24.)
Underage Marriage
North Carolina once allowed people younger than 16 to marry in limited circumstances, but that's no longer the case. Under current law, you generally must be 18 to marry. The only exception is for 16- and 17-year-olds, who can marry someone no more than four years older with either a parent's or guardian's written consent, or a judge's authorization if that consent isn't available. (N.C. Gen. Stat. § 51-2 (2026).)
Fraud About Pregnancy
You can use the ground of pregnancy fraud only if you and your spouse separated within 45 days of the wedding and the separation lasted at least a year. Even then, you can't get an annulment on this ground if a child was born within 10 lunar months of the separation. (N.C. Gen. Stat. § 51-3 (2026).)
What Happens After a North Carolina Annulment?
An annulment means you and your spouse were never legally married, so you both return to single status. If you want to remarry, you can do so right away; there’s no waiting period.
Because the law treats the marriage as if it never existed, ongoing alimony and equitable distribution of property (the process courts use to divide marital property in a divorce) generally aren't available after an annulment. A judge could still award post-separation support or attorneys' fees while the case is pending, though that depends on the court's discretion. (N.C. Gen. Stat. §§ 50-16.1A, 50-16.2A, 50-16.4 (2026).)
Children born of a voidable or bigamous marriage remain legitimate even after the annulment, and the parents can still ask the court to decide custody, visitation, and child support. (N.C. Gen. Stat. §§ 50-11.1, 7A-244 (2026).)
How Do I Get an Annulment in North Carolina?
North Carolina's district courts handle annulment cases. (N.C. Gen. Stat. § 7A-244 (2026).) To get the process started, you'll need to:
- File a complaint. File in the county where you or your spouse lives. (N.C. Gen. Stat. § 1-82 (2026).) Your complaint should state your grounds and the facts that support them. If you need temporary support for yourself or a child from the marriage, include that request as well.
- Notify your spouse. After filing, you must formally notify your spouse of the case, known as "service of process." North Carolina has specific rules for this, and courts take it seriously because annulment can significantly affect your spouse's rights. Ask the district court clerk or a lawyer for more information.
- Attend your hearing. You'll need to prove to the court that your marriage qualifies for annulment, so come prepared with evidence to support your case. If the judge finds valid grounds, they will declare the marriage invalid.
Where to Get More Information and Legal Help in North Carolina
North Carolina doesn't publish annulment forms, but your district clerk's office or a lawyer can tell you what the court expects.
Because the grounds for annulment are narrow and the procedure isn’t set up for self-help, it’s wise to consult a family law attorney before you file. Legal Aid of North Carolina offers free help to those who qualify. You can find a few other low-cost legal help options at LawHelpNC.
