How to Get a Divorce in NC Without Waiting a Year
Explore legal alternatives to North Carolina’s one-year divorce wait, including annulment and separation options based on specific circumstances.
Many North Carolinians face a mandatory one-year separation before they can file for an absolute divorce. This waiting period can be a source of frustration, particularly when spouses mutually agree to end the marriage or face pressing circumstances.
However, North Carolina law offers limited alternatives that might allow for a faster resolution under specific conditions, bypassing the twelve-month wait. These options, annulment and Divorce from Bed and Board, have distinct legal requirements.
Annulment Criteria
An annulment is a legal declaration that a marriage was never valid from the start. Unlike a divorce, which terminates a legally recognized marriage, an annulment requires proof that the marriage was fundamentally flawed at its inception.
Invalid Marriage
Certain marriages are considered “void” under North Carolina law, meaning they were never legally valid. The primary example is bigamy, where one party is already married to someone else. North Carolina General Statute Section 51-3 explicitly voids such marriages. Because the union was never legal, a court action can confirm its invalid status without requiring a separation period or a traditional divorce.
Fraud or Force
A marriage can be deemed “voidable” if consent was improperly obtained through deceit or coercion. Grounds outlined in North Carolina General Statute Section 50-4 include physical impotence at the time of marriage or a wife misrepresenting pregnancy by the husband. Annulment might also be possible if significant misrepresentations about fundamental aspects of the marriage induced one party, or if consent was given under duress. Unlike void marriages, voidable marriages are legally recognized until a court formally annuls them based on these proven defects.
Underage or Incest
North Carolina law prohibits marriages involving underage individuals or close relatives. According to North Carolina General Statute Section 51-2 and Section 51-2.1, individuals under 16 cannot marry. Those aged 16 or 17 need specific consent and cannot marry someone more than four years older. Marriages involving someone under 16 are voidable. Additionally, North Carolina General Statute Section 51-3 forbids marriage between relatives closer than first cousins or between double first cousins. These incestuous marriages are legally void from the beginning. An annulment action can confirm the invalidity of marriages violating age or kinship laws.
Court Documents for Annulment
To start an annulment proceeding, specific legal documents must be filed with the Clerk of Superior Court in the appropriate county. Unlike divorce, which often uses standard state forms, annulment typically requires a custom “Complaint for Annulment.” This document must detail the facts and legal reasons why the marriage is considered void or voidable under state law.
Along with the Complaint, the person filing (plaintiff) must submit a Civil Summons (Form AOC-CV-100), which formally notifies the other spouse (defendant) of the lawsuit and gives them 30 days to file a response (Answer), as required by Rule 4 of the North Carolina Rules of Civil Procedure. A Domestic Civil Action Cover Sheet (Form AOC-CV-750) is also needed to provide the court clerk with summary information for case management.
Filing involves submitting these documents and paying a court filing fee, which should be confirmed with the local Clerk’s office (divorce filings, for comparison, cost $225). Those unable to afford the fee can apply for a waiver using Form AOC-G-106.
After filing, the plaintiff must ensure the defendant is properly served with the Summons and Complaint according to Rule 4, often via the Sheriff (for an additional fee, typically around $30) or certified mail. Proof of service must be filed with the court. Even if the defendant doesn’t respond, North Carolina General Statute Section 50-10 generally requires the plaintiff to prove the facts alleged in the Complaint before a judge or jury.1North Carolina General Assembly. NC General Statute § 50-10: Proof Required for Divorce or Annulment
Divorce from Bed and Board
Another alternative is a “Divorce from Bed and Board” (DBB). This is not an absolute divorce; it does not end the marriage or allow remarriage. Instead, it is a court-ordered legal separation, as described by the North Carolina Judicial Branch.2North Carolina Judicial Branch. Separation and Divorce
Obtaining a DBB requires the initiating spouse (the “injured party”) to prove the other spouse committed specific acts of marital misconduct, as listed in North Carolina General Statute Section 50-7.3North Carolina General Assembly. NC General Statute § 50-7: Grounds for Divorce From Bed and Board These fault-based grounds include abandonment, malicious expulsion from the home, cruel treatment endangering life, indignities making life intolerable, excessive substance abuse, or adultery.
A DBB judgment legally formalizes the separation and can order one spouse to leave the marital home. The finding of fault can significantly affect related claims like postseparation support or alimony. According to the North Carolina State Bar, a DBB also impacts inheritance rights, typically barring the at-fault spouse from inheriting from the injured spouse. Despite obtaining a DBB, the parties must still live separately for one year before filing for an absolute divorce to legally end the marriage.
Residency Factors
To file for an annulment in North Carolina, the court must have jurisdiction. North Carolina General Statute Section 50-8 requires that at least one party must have resided in the state for a minimum of six months immediately before filing the Complaint. This ensures the state has a sufficient connection to the parties to rule on the marriage’s status.
This six-month residency is necessary for the court to hear the annulment case itself. The action must also be filed in the correct county (venue). North Carolina General Statute Section 1-82 generally dictates that civil actions, including annulments, should be filed in the county where either the plaintiff or the defendant resides when the lawsuit begins.4North Carolina General Assembly. NC General Statutes Chapter 1, Article 7: Venue Filing in an improper county may lead to the case being moved upon the defendant’s request, per Section 1-83.5North Carolina General Assembly. NC General Statutes Chapter 1, Article 7: Venue Therefore, someone meeting the six-month state residency requirement would file the annulment Complaint in the District Court of their county or their spouse’s county of residence.
