Legal Separation and Annulment in North Carolina
Whether North Carolina offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: North Carolina offers divorce from bed and board (a court-ordered legal separation) to an injured spouse if the other spouse abandons the family, maliciously turns the other out of the home, endangers the other's life by cruel or barbarous treatment, offers indignities that make life… N.C. Gen. Stat. § 50-7
| Legal separation | North Carolina offers divorce from bed and board (a court-ordered legal separation) to an injured spouse if the other spouse abandons the family, maliciously turns the other out of the home, endangers the other's life by cruel or barbarous treatment, offers indignities that make life intolerable, or becomes an excessive user of alcohol or drugs, among other listed grounds. Source: N.C. Gen. Stat. § 50-7 |
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| Annulment | Marriages are void between people more closely related than first cousins (or double first cousins), where either person is under the statutory age, where either already has a living spouse, where either is physically impotent, or where either lacks the will or understanding to consent. A marriage entered on the belief that the woman is pregnant may be voidable if the spouses separate within 45 days and stay separated for a year, unless a child is born within 10 lunar months of separation. Source: N.C. Gen. Stat. § 51-3 |
More North Carolina divorce & family law
- Getting a Marriage License in North Carolina
- Adopting a Child in North Carolina
- Guardianship of a Child or Adult in North Carolina
- Establishing Paternity in North Carolina
- Changing Your Name in North Carolina
- Child Custody Laws in North Carolina
- How Child Support Is Calculated in North Carolina
- Divorce Records in North Carolina
- Alimony and Spousal Support in North Carolina
- How to File for Divorce in North Carolina
- All North Carolina divorce & family law rules
FAQ
Can you get a legal separation in North Carolina?
North Carolina offers divorce from bed and board (a court-ordered legal separation) to an injured spouse if the other spouse abandons the family, maliciously turns the other out of the home, endangers the other's life by cruel or barbarous treatment, offers indignities that make life intolerable, or becomes an excessive user of alcohol or drugs, among other listed grounds.
What are the grounds for annulment in North Carolina?
Marriages are void between people more closely related than first cousins (or double first cousins), where either person is under the statutory age, where either already has a living spouse, where either is physically impotent, or where either lacks the will or understanding to consent. A marriage entered on the belief that the woman is pregnant may be voidable if the spouses separate within 45 days and stay separated for a year, unless a child is born within 10 lunar months of separation.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.