So no, you can’t marry your cousin – in North Carolina anyway.Marrying a parent, sibling, or other close relative is also a bad idea and would be grounds for an annulment.If a party to the marriage is “at the time incapable of contracting from want of will or understanding” than the marriage may be subject to annulment.A person can lack mental capacity if at the time of marriage they are unable to understand the “special nature of a contract of marriage, and the duties and responsibilities which it entails.” This could happen when someone is so intoxicated or mentally retarded that they are incapable of understanding what they did. If your wife lied to you about being pregnant, and you relied on that false representation in getting married to her, than you may qualify for an annulment.The first think you should do is contact a divorce lawyer in your county to determine whether or not your interpretation of the law is correct.As I mentioned before, most divorce lawyers go their entire career without filing an annulment for a client – but it does happen from time to time.
However, if a child is born to your wife within 10 months after the date of separation, then you would not qualify for an annulment – but you may qualify for an absolute divorce. A voidable marriage is different from a “void” marriage.
To most people, an annulment is just an easier and quicker way to end a marriage than to have to go through the stigma and stress of getting divorced.
The purpose of this article is to dispel some of the myths about marriage annulment in North Carolina and give some instances when an annulment would and would not be appropriate.
The answer to both of these questions is a resounding “No”.
(However, there can be exceptions to number 2 when one party is impotent).