Jan72026
Family Law Q&A Series

Would my situation be handled as an annulment instead of a divorce after a short marriage? – North Carolina

Short Answer

Usually, no. In North Carolina, a short marriage is still typically ended through an absolute divorce, which generally requires the spouses to live separate and apart for one year before filing. An annulment is only available in specific situations where the marriage was void or voidable under North Carolina law (for example, bigamy or certain capacity issues), and “short length of marriage” by itself is not a ground for annulment.

Understanding the Problem

In North Carolina family law, the decision point is whether the marriage qualifies for an annulment (meaning the marriage is treated as invalid under North Carolina law) or whether the marriage must be ended through divorce (meaning the marriage is treated as valid until a court dissolves it). The fact that the marriage lasted only a short time often raises the question of whether the court will “treat it like it never happened,” but North Carolina only allows that result in limited, rule-based situations.

Apply the Law

North Carolina recognizes a difference between marriages that are void (invalid from the beginning under the statute) and marriages that are voidable (treated as valid unless and until a court annuls them in a direct court case). Most short marriages do not fit those categories, so the usual path is an absolute divorce after the spouses have lived separate and apart for one year, with at least one spouse meeting the six-month North Carolina residency requirement before filing.

Key Requirements

  • Annulment requires a qualifying ground: The marriage must be void or voidable under North Carolina law (short duration alone does not qualify).
  • Void vs. voidable matters: A void marriage is treated as a legal nullity; a voidable marriage is treated as valid unless a court enters an annulment judgment, and it can sometimes be “ratified” by later conduct.
  • Divorce has a clear timing rule: For most couples, an absolute divorce requires living separate and apart for one year, and at least one spouse must have lived in North Carolina for six months before filing.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a very short marriage and a desire to end it. Under North Carolina law, the length of the marriage does not automatically make it an annulment case. Unless there is a specific void/voidable ground (for example, one spouse was already married, or a serious capacity issue existed at the time of the ceremony), the situation is usually handled as a divorce after the parties live separate and apart for one year.

Process & Timing

  1. Who files: Either spouse. Where: North Carolina District Court (typically the Clerk of Superior Court’s office in the county where venue is proper). What: A complaint requesting either annulment (if a qualifying ground exists) or absolute divorce (most common). When: For absolute divorce, filing generally happens after one full year of living separate and apart, and at least one spouse must have lived in North Carolina for six months before filing.
  2. Service and response: The filing spouse must have the other spouse served with the lawsuit. The other spouse has a limited time to respond after service, and the case can move forward by agreement or through court scheduling depending on what is disputed.
  3. Final step: The court enters a judgment (an annulment judgment if the marriage is proven void/voidable, or a divorce judgment if the one-year separation and residency requirements are met).

Exceptions & Pitfalls

  • “Short marriage” is not a ground by itself: Annulment is not a faster version of divorce; it depends on specific legal grounds tied to validity at the time of marriage.
  • Voidable marriages can be harder to unwind over time: Some annulment theories can be undermined if the parties continue living together as spouses after the problem is known, because later conduct can be treated as accepting (ratifying) the marriage.
  • Living in the same home usually does not start the divorce clock: For the one-year separation divorce, spouses generally must live in separate residences; simply sleeping in separate rooms is commonly not enough.
  • Do not let the divorce judgment cut off other claims: In North Carolina, certain financial claims (like spousal support or property division) can be lost if they are not properly asserted before the divorce is finalized, so timing and filing strategy matter even in a short marriage.

Conclusion

In North Carolina, a very short marriage is usually ended by divorce, not annulment. An annulment is limited to situations where the marriage was void or voidable under specific rules about capacity or prohibited marriages, and short duration alone does not qualify. For most couples, the controlling rule is that an absolute divorce can be filed after the spouses have lived separate and apart for one year, with a six-month North Carolina residency requirement for at least one spouse. The next step is to confirm whether any annulment ground exists and, if not, track the one-year separation date before filing.

Talk to a Family Law Attorney

If you’re dealing with ending a short marriage and need to know whether North Carolina treats it as an annulment or a divorce, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.