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North Carolina law also provides its own unique form of separation. This form, called divorce from bed and board, separates spouses while technically keeping them in a marital relationship. Each form of divorce depends on the behavior of your spouse. Mental illness can play a role in establishing a pattern of negative behavior in your spouse. A skilled attorney with experience in this area of North Carolina divorce law will be helpful in analyzing your options when it comes to mental health issues and divorce.
To schedule a consultation of your case, call Breeden Law Office at , or reach out via our online form. In the eyes of the law, marriage is a contract.
Mental Health & Divorce in North Carolina
For that contract to be valid, both parties must understand what they are doing when they enter into it. Mental illness can be grounds for invalidating that contract. If your spouse was not in control of themselves at the time you were married, or they did not reveal their condition to you before you wed, you may be able to seek an annulment. North Carolina law allows you to obtain a no-fault divorce.
The Basics of Annulment in North Carolina | DivorceNet
To obtain a divorce without fault, you simply have to live apart for one year, without engaging in regular married life. Divorce proceedings in North Carolina can also be impacted by marital misconduct. This refers to wrongful acts by one party in the marriage. Examples of marital misconduct include abandonment and adultery.
In relation to mental health issues and divorce, North Carolina law also specifies incurable insanity as one of its grounds for ending a marriage. Rather, it refers to a mental health issue or impairment that results or resulted in confinement. Confinement means medical care that is provided outside the home, and prevents the spouses from living together. If you are pursuing a divorce based on incurable insanity, you may not pursue one under marital misconduct.
If you or your spouse is bipolar, divorce or custody battles may seem even more complicated than usual. A marriage to a person who is incapable of contracting to marry, generally because of a mental disability or physical impairment, that person cannot legally consent to marriage. Impotence of either spouse can also be a basis for annulment of the marriage.
Petitioning the court for an annulment based on impotence generally requires the diagnosis of a doctor. In order to get a marriage declared annulled, a spouse has to file a petition with the court, providing the basis for annulment. The court will hold a hearing to determine whether the marriage is annulled and issue a decision to invalidate or uphold the marriage. An annulment generally does not affect the rights and responsibilities of parenthood. This includes couples who get a divorce, are never married, or have a marriage annulled.
However, the court can award some payment from one party to the other, as a form of post-separation support. If a marriage does not qualify with one of the annulment factors above, the couple may need to go through the divorce process to end the marriage. Generally, a divorce requires separation and continuous separate living for one year before the spouse can file for divorce. Talk to your Shelby, North Carolina family law firm about filing for divorce.
An annulment is a faster way to separate but is only available in limited circumstances. Annulment in North Carolina.
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- Voidable marriages.
Void and Voidable Marriages in North Carolina Void and voidable marriages are marriages that are not considered legal in North Carolina. It is the burden of the party requesting an annulment to prove to the court that the requirements are met. If your Wilmington marriage law attorney can demonstrate that, the judge must agree that the grounds for annulment are satisfied and that there never was a legal marriage. North Carolina relies on two terms from contract law, void and voidable , to distinguish marriages that can be annulled. Marriages that are void could never have been valid in the first place.
The single example here is bigamy.
If one of the partners is already legally married to a living spouse in North Carolina or elsewhere , that person cannot legally marry again, period. A bigamous marriage is never valid.