Can an annulment be filed by one party after they have already signed separation papers or can she go to court and have the separation papers overturned?

Wife signed separation papers due to not having the money to see an attorney and file for an annulment. The marriage was never consummated. She signed the papers after harassment from the husband to sign them.

Asked on July 23, 2012 under Family Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She needs to seek counsel at this point to unravel this mess. If indeed the marriage was never consummated and this appears to be a short term marriage, she needs to begin the annulment proceedings quickly and as a result, she needs to withdraw the separation document.  Filing separation implies there existed a legal and valid marriage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.