What is a Void Marriage?

Divorce is not an easy or swift path, which is why people often search for other ways to separate from a spouse. In addition to the religious and spiritual aspects of a marriage, the union is also a legal agreement, which gives both parties new rights and obligations. That means there is a legal process for separating.

We recently discussed how one might obtain an annulment. Annulment is possible when you have a voidable marriage. Annulment means your marriage is voided, as if it never happened. To obtain an annulment you must get a District Court order. But you may also hear the term “void marriage,” which is not the same thing.

What is a void marriage?

A void marriage was never valid from the start. Therefore you do not have to get a court order, a divorce, or an annulment. In some states, there is more than one reason your marriage might be void, and those reasons are often the same ones that qualify you for annulment.

However, in North Carolina the only way to automatically void a marriage is in the case of bigamy. If you or your spouse was already married to someone else, the subsequent marriage is not recognized and is therefore void and not valid.

If this applies to you, speak to a divorce attorney anyway. While you may not require an annulment, going through that process may help you avoid confusion and legal entanglements later. This can make property division easier and will help if you remarry later.

Questions about divorce? Ask a divorce lawyer, a therapist, and a financial adviser about your divorce during our monthly divorce workshop in Raleigh, N.C. Each month three professionals volunteer their time to explain the complex process so you can decide when, how, and if divorce is right for you. Register for our next workshop.