A person that has had a marriage declared void by annulment can indicate that they have never been married. In North Carolina there are only certain narrow circumstances in which a marriage can be declared void. The length of time married is not a determining factor to request an annulment. One of the six following criteria must be proven in District Court to have a marriage declared void.
All marriages between any two persons nearer in relationship than first cousins .
• All marriages between double first cousins
GS_50-4 3-4-2005
• All marriages between a male person under 16 years of age and any female with the exception of a court order as a result of a pregnancy when between the ages of 14 and 16
GS_51-2.1 3-4-2005
• All marriages between a female person under 16 years of age and any male with the exception of a court order as a result of a pregnancy when between the ages of 14 and 16.
• All marriages between persons either of whom is at the time physically impotent .
(Impotence must be medically diagnosed by a doctor.)
• All marriages between persons either of whom is at the time incapable of contracting due to want of will or understanding is not automatically void. The test for determining mental capacity of someone to enter into a contract to marry is the ability of the person, at the time of the marriage, to understand the special nature of a contract of marriage, and the duties and responsibilities which it entails. Such a determination is made on a case-by-case basis. Ivery v. Ivery , 258 N.C. 721, at 732. 3-4-2005