Mecklenburg North Carolina Annulment Questionnaire

Category:

Family Law - Annulment

State:

Multi-State

County:

Mecklenburg

Control #:

US-Q1002

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an annulment matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

A marriage can be deemed null and void based on specific grounds such as a lack of capacity, fraud, or coercion. Additionally, marrying close relatives or not meeting the legal age can make a marriage void. If you believe your marriage qualifies, consider using a Mecklenburg North Carolina Annulment Questionnaire to gather the information needed for your case.

Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.

In NC you must be separated for at least one full year before you can file for divorce.

Situations in which a North Carolina court may grant annulment of a marriage are limited to: Family member marriages: Spouses are more closely related than first cousins or are double cousins (children resulting when two siblings from one family marry two siblings from another family are double cousins);

The judge held that a marriage annulment on non-consummation, requires clear evidence that one party induced the other into marriage on a false promise of consummation, and not just the fact that the marriage was not consummated. That the element of fraud is required in the inducement to marriage.

1. Marriages between family members: A marriage between any two people nearer in relationship than first cousins is one circumstance under which an annulment would be granted in North Carolina. For example, if two first cousins, a parent and child, or two siblings got married, they would be eligible for an annulment.

Skip a line space. Begin the letter by identifying the petitioner and his spouse, and introduce yourself. Explain how you knew the couple and how long you knew them. Discuss the couple's marriage and the grounds for annulment.

EXAMPLE: Harvey and Ellen marry each other, having represented the desire to have children. Ellen refuses to have intercourse with Harvey unless there is use of contraceptive devices. Prior to their marriage, Ellen boasted about the fact she was eager to have children right away. The court will annul this marriage.

Grounds for a Civil Annulment The only way to obtain a civil annulment that legally dissolves your marriage is by proving one of the following grounds: fraud or misrepresentation, lack of consummation, incest, bigamy, lack of consent, unsound mind, or force.

In North Carolina, there are two options for legally ending a marriage: divorce and annulment....7 Grounds for Annulment in North Carolina Incest.One Or Both Spouses Were Underage.The Marriage Was Bigamous.Impotence.Lack of Consent.Mental Illness.Mistaken Belief of Pregnancy.

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