Basic Questions

Can a couple become legally married by living together as man and wife under the state’s laws (common law marriage)?

No. North Carolina does not allow common law marriages. In North Carolina, you must either be solemnized as husband and wife in front of an ordinated minister of any religious demonization, minister authorized by a church, magistrate, or in accordance with any solemnization recognized by any religious demonization, or federally or state recognized Indian Nation or Tribe.

Can I get an annulment in North Carolina?

There are only a certain limited circumstances in North Carolina that would enable a party to obtain an annulment. If the parties are nearer in relation than first cousins or between double cousins, you may petition the court for an annulment. If one of the parties were married and are less than 16 years of age then an annulment can be considered, if there is no child or the female is not pregnant with child. Additionally, if either party is already married (i.e. bigamy) or if either party is impotent at the time of marriage, annulment can be considered. Further, Read more

Do I really need to hire an attorney?

You can represent yourself in court but will be expected to follow procedure just as a lawyer would. You will not receive a break from the court for your inexperience so self representation in a contested divorce is extremely risky and not recommended. If your divorce is uncontested, hiring a lawyer is not always essential. The self-serve center has forms that individuals can fill out and apply for a divorce. However, you should see a lawyer prior to filing for divorce to make sure there are no other viable claims that you wish to pursue. In North Carolina, if you are granted Read more

What are the grounds for divorce in North Carolina?

In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action. You can also apply for divorce on the basis of incurable insanity. This ground is not often used due to the fact that you have to live separate and apart for three years and you need proof of incurable insanity.