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

Answers:

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.


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