Complaint for Annulment — Existing Spouse (No Minor Children) - North Carolina
COMPLAINT FOR ANNULMENT — EXISTING SPOUSE
Before filing: Use this complaint only if one party had a living spouse when the marriage at issue was entered and no minor child's custody or support must be addressed. N.C. Gen. Stat. §§ 51-3 and 50-4 permit a party to ask the district court to declare such a marriage void from the beginning. The court must find the material facts; an unanswered complaint alone does not establish them under § 50-10(a). Confirm venue, service, and any local filing requirements with the court.
| Court | Case |
|---|---|
| In the General Court of Justice, District Court Division, [COUNTY] County, North Carolina | File No. [________________] |
| [PLAINTIFF FULL NAME], Plaintiff | |
| v. | |
| [DEFENDANT FULL NAME], Defendant |
Plaintiff alleges:
1. Parties and marriage
- Plaintiff is [FULL NAME], whose address for service is [ADDRESS]. Defendant is [FULL NAME], whose address or last known address is [ADDRESS].
- Plaintiff and Defendant entered a marriage on [DATE] in [PLACE]. The marriage record is [ATTACHED AS EXHIBIT A / AVAILABLE FOR THE COURT].
- This action is filed in [COUNTY] County because [STATE THE FACTS SUPPORTING VENUE].
- No minor child of the parties requires a custody or support order in this action. Any related pending action is [COURT, FILE NUMBER, AND STATUS / NONE].
2. Existing spouse
- At the time of the marriage described above, [PLAINTIFF / DEFENDANT] had a living spouse, [NAME], whom that party married on [DATE] in [PLACE].
- That earlier marriage had not ended before [DATE OF MARRIAGE AT ISSUE]. The facts and records supporting that allegation are [IDENTIFY MARRIAGE RECORD, PRIOR SPOUSE, AND ABSENCE OF DIVORCE, ANNULMENT, OR DEATH RECORD].
- Plaintiff seeks a declaration under N.C. Gen. Stat. §§ 51-3 and 50-4 that the marriage described in paragraph 2 was void from the beginning because one party had a living spouse when it was entered.
3. Requested relief
- Plaintiff asks the Court to find the material facts after notice and proof as required by N.C. Gen. Stat. § 50-10(a), and to enter a judgment declaring this marriage void from the beginning under § 50-4.
- Plaintiff requests only the following additional relief, with its factual and legal basis: [SPECIFY / NONE].
Respectfully submitted,
Signature: ________________________________
Printed name: [________________________________]
Address for notice: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Attorney bar number, if represented: [________________]
Date: [__/__/____]
Proof to present: [IDENTIFY WITNESSES AND AUTHENTICATED RECORDS SUPPORTING THE MARRIAGES AND THE EARLIER MARRIAGE'S CONTINUING STATUS].
About this template
- Last updated
- October 15, 2026
- Citations checked
- October 15, 2026
- Jurisdiction
- North Carolina
- Category
- Family Law
Legal authority
- N.C. Gen. Stat. § 50-4
- N.C. Gen. Stat. § 51-3
- N.C. Gen. Stat. § 50-10(a)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 15, 2026.
N.C. Gen. Stat. § 50-4 (checked October 15, 2026): "The district court, during a session of court, on application made as by law provided, by either party to a marriage contracted contrary to the prohibitions contained in the Chapter entitled Marriage, or declared void by said Chapter, may declare such marriage void from the beginning, subject, nevertheless, to G.S. 51-3."
N.C. Gen. Stat. § 51-3 (checked October 15, 2026): "All marriages between any two persons nearer of kin than first cousins, or between double first cousins, or between a male person under 16 years of age and any female, or between a female person under 16 years of age and any male, or between persons either of whom has a husband or wife living at the time of such marriage, or between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of contracting from want of will or understanding, shall be void."
N.C. Gen. Stat. § 50-10(a) (checked October 15, 2026): "the material facts in every complaint asking for a divorce or for an annulment shall be deemed to be denied by the defendant, whether the same shall be actually denied by pleading or not, and no judgment shall be given in favor of the plaintiff in any such complaint until such facts have been found by a judge or jury."
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