Volume I, Issue 3

READ ON FOR YOUR CHANCE TO WIN A COPY OF THE BOOK REVIEWED IN THIS NEWSLETER!!

From the Desk of Attorney Nicholas L. Cushing:

Although you often hear of people getting married and then simply having the marriage annulled a few days later, it's typically not that easy here in North Carolina. In the statute, N.C.G.S. 51-3, the legislature makes a distinction between marriages that are "void" and marriages that are "voidable." The difference is that a "voidable" marriage is valid until it is annulled by the court in a proper proceeding, but a "void" marriage is never valid. See Geitner ex rel v. Townsend, 67 N.C. App. 159 (1984).

N.C.G.S. 51-3 lists the specific occasions when a marriage can be annulled, which I have paraphrased below:

1) The parties are related closer than first cousins.

2) The parties are double first cousins.

3) Either party is under 16 years of age.

4) Bigamy

5) Either party is "physically impotent."

6) Either party is incapable of understanding what it means to be married.

Then, the statute gives some important "buts":

1) If one of the parties dies and the parties lived together and had a child, the only ground for annulment is bigamy;

2) If either of the parties is under 16 years old but is otherwise competent to marry, and the wife is pregnant or a child was born to the parties, the marriage cannot be annulled unless the child is deceased at the time the action to annul is filed;

3) If the marriage was entered into under the belief that the wife was pregnant, and the parties separate within 45 days, and the separation has been for more than 1 year, the marriage is voidable unless a child was born within 10 months of the marriage.

Additionally, N.C.G.C. 51-2(c) states that if a person is under 18 years old and procures a marriage license through fraud or misrepresentation, a parent of the underage party (or a person or organization having custody) can bring an action to annul the marriage.

Of course, the best thing to do if you would like to get an annulment is to contact an attorney who can tell you how the statutes and case law apply to your specific situation. But typically, if you want out of the marriage, you're going to have to live separate and apart for 12 months first.

Weekend Fun!

By Jenny Pattana

The Tweetsie Railroad Ghost Train

Tweetsie Railroad, located in Blowing Rock, NC, is offering the Ghost Train Halloween Festival 2007. Open on Friday and Saturday nights beginning October 5 to November 3, Tweetsie Railroad converts from a family fun theme park to a Halloween festival at night. With attractions such as the Ghost Train, a haunted house, a maze, and even trick-or-treating, it is an event everyone should attend. Some attractions are not meant for the little ones but there are still plenty of things for them to see and do. The locomotive steam train converts into a ghost train which circles the park at night with stops along the way. Employees are dressed in Halloween make-up and costumes and stroll through the park trying to scare guests. The entire park is decorated for Halloween with tombstones, cobwebs, jack-o-lanterns, and ghosts. Ghost Train Halloween Festival features three new rides including a chair lift ride which will take you from the bottom of the park to the top in the dark. Price for admission is $25.00 for adults and children, but children 2 years and under are free. Get your tickets in advance because tickets are limited on each night and they do go fast. You can order your tickets in 3 easy ways: online, telephone, or mail. For more information, including directions, hours, and to order your tickets, please visit http://www.tweetsie.com/. Happy Halloween!

Popcorn Balls

These are so much fun to make with your kids and are a big hit at Halloween parties. To give them an extra "Halloween" look, add black and orange sprinkles before shaping into balls or mix in candy corn. Have fun with it! Most importantly, involve your kids and make a big mess. You will have memories to last a lifetime.

Ingredients:
8 c. popped popcorn
2/3 c. light corn syrup
2/3 c. granulated sugar
1/2 tsp. salt

Combine all the ingredients, except the popcorn, in a large pot and heat on medium/low heat until sugar is dissolved and it the mixture becomes a gooey-like consistency. Move from the heat and add the popcorn to the pot and mix with a non-stick spoon. DO NOT USE YOUR HANDS BECAUSE SYRUP WILL BE VERY HOT! Once mixed, put a big spoonful into a piece of wax paper and shape into a ball. Wrap the balls in plastic wrap and seal tightly with a twist-tie.

Knowledge is Power
By Claire Cox Krusch

"Fifty percent of the children in the United States will experience the divorce of their parents before they are sixteen years old. This number has held constant for the past twenty years and is based on the United States Census Bureau data". This excerpt is from The Divorced Parent's Challenge-Eight Lessons To Teach Children Love and Forgiveness, by Cheryl Grabenstein. Ms. Grabenstin's book is insightful and challenges the reader to move toward more positive emotions.

In one section of the book Ms. Grabenstein writes, "I have been unable to find anyone whose life has not been negatively touched by a divorce. Everyone has a story, and most of these stories are not pretty. It often seems as if the children are hurt the most. It is with passion and hope that I propose that this can stop." "Our children teach us about love by helping us understand our connection to them. Keeping your eye on your child is keeping your child's needs in focus."

On the final pages are questions that I found thought provoking.

One question that was asked:

How do I start to change my behavior when I am dealing with my ex-spouse?

"You have to decide if your desire for change outweighs the difficult in making different decisions. If you decide that you can live with your current relationship as they are, things in your life will likely stay the same. If you decide that you want your life to be different, you will have to make a purposeful decision to change. This is when the difficult works begin."

As Ms. Grabsenstein says, "Take the challenge and MOVE RIGHT!"

WIN A COPY OF THIS BOOK!!

The first one to respond by email, and correctly answer the trivia question, will win the book. Good luck!

Question: What is the largest sound on the East Coast?

Email your answer to: Claire.Krusch@kruschlaw.com.

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