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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37085
Experience:  30 years as a family law lawyer .
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I had my marriage annulled in the state of Ohio 2 years ago.

Customer Question

I had my marriage annulled in the state of Ohio 2 years ago. My lawyer said the marriage is as if it never happened as it was "voided in Ohio". I was legally married in the state of Illinois. I am about to get married in the state of North Carolina. Do I have to disclose on the marriage license that it was annulled if it was already voided and state this as marriage number 2?
Submitted: 5 months ago.
Category: Family Law
Expert:  RayAnswers replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.

You would not have to disclose the annulment, once granted it does void the prior marriage here in Ohio.The NC application only refers to divorces and not annulments so I see no problem there.

Reference

Application Process

I appreciate the chance to help you and congrats on the new marriage.Thanks again.

  • The fee for a North Carolina marriage license fee is $60 and is required at the time of application. Preferred method of payment is cash. For guidance on additional methods of payment, please call ahead.

  • Couples wishing to get married in North Carolina may obtain their marriage license in any local Register of Deed's office and be used anywhere in North Carolina within 60 days.

  • Teens age 18 and over may marry without parental consent with proper ID.

  • Both applicants must appear in the Register of Deed's office.

  • Bring valid ID (any of the following: Drivers License, State issued ID card or Passport.

  • Bring a Social Security card, W-2 form, or payroll check stub with your complete Social Security Number on the check stub. The name on the proof of social security must match the name on the ID exactly. If the individual has not been assigned a social security number, an Affidavit must be completed.

  • No waiting period and the marriage license is valid for 60 days.

  • After the ceremony, the license must be returned to the issuing county.

Customer: replied 5 months ago.
The application has an option to state that a previous marriage had been annulled. Would I have to disclose it there? I u set stand the website does not say anything about annulments. But the license application does. Please advise for state of North Carolina.
Expert:  RayAnswers replied 5 months ago.

If it specifically mentions annulments I would go on and disclose it here in NC. Thats the safe play, disclose it and see if they ask for a copy of the annulment order.You do swear to this under oath and you don't want perjury issues here in NC.Thats a pretty specific question rather than are you divorced, I think you should disclose and be honest here.

Customer: replied 5 months ago.
This is the action of the application I was referring to. Would the license then say this is marriage number two on it if I were to note it as such on the application?
Expert:  RayAnswers replied 5 months ago.

Yes it would , one was annulled here to properly answer it.Thanks for the follow up.

Customer: replied 5 months ago.
Would it be illegal to not write that it was annulled? If in Ohio it was voided and "never happened" then why would I need to disclose it?
Customer: replied 5 months ago.
This is the response I got from my lawyer in Ohio.
Expert:  RayAnswers replied 5 months ago.

Honestly they probably have no means to check it here.I agree with you that once annulled it never happened legally.My concern is that you are swearing tot he information.Again not sure they have any means to verify it.I any agree with what the Ohio lawyer said I do not see that NC would have way to claim otherwise if it was annulled.

Thanks for the follow up.

Customer: replied 5 months ago.
If I did say this is the first marriage and file the app what happens if they do have a way of checking and find out that it isn't my first?
Expert:  RayAnswers replied 5 months ago.

I do not think they have any means to verify this.I have known clients that married in two states and nobody ever complained.If you have already completed it then let it go I do not see them having a means to check this.

I wish you the best with the wedding.Thanks again.

Customer: replied 5 months ago.
I understand that however if they did check and find it then what would happen. Would we be unable to obtain a license? Would there be fines or other punishment involved?
Expert:  RayAnswers replied 5 months ago.

They could just deny it until you provided the annulment order, thats about it.You claim you didn't know better if challenged.