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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118695
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In N.C. can my sons marriage be anulled if he was married

Customer Question

In N.C. can my son's marriage be anulled if he was married in Spet o8 an his wife has asked for a divorce 2 weeks ago an she is openly talking an visiting her ex whom she has told my son she wants to be with an expects my son to stay with her until the lease on the aprt is up in april next year an should he move out he has to pay for the divorce is her words to my son
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
Annulments are allowed on only very narrow circumstances and are not based upon the length of the marriage. The grounds for annulment is only lack of capacity to marry or marriage procured through fraud. Any other grounds would require a divorce. <br /><!--[if !mso]> <style> v\:* {behavior:url(#default#VML);} o\:* {behavior:url(#default#VML);} w\:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]--><!--[if gte mso 9]><xml> <w:WordDocument>   <w:View>Normal</w:View>   <w:Zoom&g t;0</w:Zoom>   <w:PunctuationKerning/>   <w:ValidateAgainstSchemas/>   <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid>   <w:IgnoreMixedContent>false</w:IgnoreMixedContent>   <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText>   <w:Compatibility>    <w:BreakWrappedTables/>    <w:SnapToGridInCell/>    <w:WrapTextWithPunct/>    <w:UseAsianBreakRules/>    <w:DontGrowAutofit/>   </w:Compatibility>   <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--><!--[if gte mso 9]><xml> <w:LatentStyles DefLockedState="false" LatentStyleCount="156"> </w:LatentStyles> </xml><![endif]--> <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal      {mso-style-parent:"";      margin:0in;      margin-bottom:.0001pt;      mso-pagination:widow-orphan;      font-size:12.0pt;      font-family:"Times New Roman";      mso-fareast-font-family:"Times New Roman";} a:link, span.MsoHyperlink      {color:blue;      text-decoration:underline;      text-underline:single;} a:visited, span.MsoHyperlinkFollowed      {color:purple;      text-decoration:underline;      text-underline:single;} @page Section1      {size:8.5in 11.0in;      margin:1.0in 1.25in 1.0in 1.25in;      mso-header-margin:.5in;      mso-footer-margin:.5in;      mso-paper-source:0;} div.Section1      {page:Section1;} --> <!--[if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable      {mso-style-name:"Table Normal";      mso-tstyle-rowband-size:0;      mso-tstyle-colband-size:0;      mso-style-noshow:yes;      mso-style-parent:"";      mso-padding-alt:0in 5.4pt 0in 5.4pt;      mso-para-margin:0in;      mso-para-margin-bottom:.0001pt;      mso-pagination:widow-orphan;      font-size:10.0pt;      font-family:"Times New Roman";      mso-ansi-language:#0400;      mso-fareast-language:#0400;      mso-bidi-language:#0400;} </style> <![endif]--> <div class="MsoNormal" align="center" style="text-align: center"> <hr /> </div> <p class="MsoNormal">I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! </p> <p class="MsoNormal"> </p> <p class="MsoNormal"><em>If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. </em></p> <p class="MsoNormal"><em> </em></p> <p class="MsoNormal"><em>Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.</em></p> <p class="MsoNormal"> </p> <p class="MsoNormal"><strong><em>There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.</em> </strong></p> <p class="MsoNormal"> </p> <p class="MsoNormal">You can always request me through my profile at <a href=""></a><span> </span>or beginning your question with “For PaulMJD…”</p>
Customer: replied 8 years ago.
Need some help for him to be able to get out of the marriage which is soley not what he wants an is hurting deeply as she seems to be making him listen to her an she goes to VA to visit her ex an tells my son what she's doing an makes my son pay bills an give her money when she won't give him money to eat with an barely gas money an he is currently unemployeed an drawing just unemployment. She told my son that if he left her 1st then he would have to pay for the legal seperation paper's an the divorce but it's her wanting the divorce an luxury aprt that she can not pay for herself.She is committing adultery..plain an simple an how can it be worked that he can free himself an get alimony in North Carolina ?
Expert:  Law Educator, Esq. replied 8 years ago.
He can get a divorce AND can sue the ex boyfriend for alienation of affection, since NC is one of the few states that allows such a lawsut. What she does not realize is that the new boyfriend can be sued for this as well as she can get sued for divorce and for adultery, the court is not likely to give her anything. Get your son an attorney if you really want to help him and have him file the divorce and the alienation of affection lawsuit.