After the court grants an annulment, the rights and obligations of the ex-spouses can be unclear until one of the parties seeks the help of the court or there is a premarital agreement. The goal of annulment is to put each individual in the same position they would have been in if they would have never married.
Legitimacy of Children
An annulment does NOT affect the legitimacy of children born before the marriage was annulled. During the annulment proceeding, the court can determine custody and support of minor children.
Wills and Estates
If will was made during the marriage, an annulment does not invalidate the will. However, all provisions in the will that are in favor of the former spouse are revoked.
Property Rights
All property acquired before the marriage belongs to the spouse who acquired the property. The court will divide property acquired during the marriage in a way that is fair and reasonable under the facts of the case. Property held as tenants by the entirety is turned into a tenancy in common. This means that each spouse holds an undivided ½ interest in the property.
Annulment in North Carolina
If you believe that your marriage is valid and cannot be annulled, please consult Emblem Legal to discuss your options.
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