Very few people ever get married with the expectation that their relationship will one day end in divorce. Separating from a partner can be a difficult decision, but in some cases, it’s for the best.
When most people seek to end their marriages, they file for divorce. However, an annulment may be more appropriate in certain circumstances when there is evidence the marriage should never have occurred in the first place.
Not all marriages are eligible for annulment, and those that are must meet strict requirements to be legally annulled. To learn more about annulment in South Carolina, continue reading or contact McKinney, Tucker & Lemel LLC to speak with an experienced family law attorney.
What Is an Annulment in South Carolina?
An annulment is similar to a divorce in that both proceedings are meant to legally end a marriage. However, while a divorce is the legal termination of a marriage, an annulment invalidates a marriage on the grounds that it was never a legally valid marriage in the first place.
Having your marriage annulled effectively means the marriage never actually took place. After an annulment, both you and your ex-spouse can legally and truthfully say that you were never married at all.
How Long Can You Be Married and Still Get an Annulment in South Carolina?
There is no specific time limit to file for annulment in South Carolina. As long as you can prove that your marriage is not legally valid and is therefore eligible for annulment, the marriage can be voided no matter how long you were married.
What Are the Common Grounds for Annulment?
To have your marriage annulled, South Carolina courts require you to provide a legally valid reason for the annulment. Common grounds for legal annulment in South Carolina include:
- One spouse was under duress. A marriage may be annulled for duress if one person forces or pressures another person into the marriage. In South Carolina, you must be able to demonstrate that you had a reasonable fear of immediate bodily harm due to your spouse’s threats or acts of violence to have your marriage annulled for duress. If you had an opportunity to avoid your wedding ceremony but chose to go through with it anyway, you may be refused an annulment on the grounds of duress.
- One spouse committed fraud. In annulment cases, “fraud” is understood as lies or misrepresentation about anything integral to the marriage bond. This includes fraudulent representations of one’s sanity, incurable impotence, or ability to bear children. If you seek an annulment based on fraud, South Carolina courts will evaluate whether you and your spouse consummated the marriage sexually, lived together, or shared the same bed.
- The marriage was bigamous. The term “bigamy” refers to the act of marrying one person while already legally married to someone else. A bigamous marriage is automatically considered legally invalid if one spouse is still married to a living spouse when the second marriage occurs. However, exceptions may apply if the former spouse has been absent for at least five years and there is no evidence that they are still alive.
- The marriage was incestuous. Marriage between first cousins is legal in South Carolina, but a union between family members who are closer than first cousins would be considered invalid. A married person may seek annulment based on incest if their spouse is a sibling, half-sibling, parent, grandparent, child, grandchild, aunt, or uncle.
- One spouse was mentally incapable of consenting. Both spouses must be mentally capable of voluntarily consenting to marriage for the marriage to be valid. If one or both parties did not have the mental capacity to consent because they were insane or intoxicated when the marriage occurred, the marriage may be annulled based on mental incompetence.
- One or both spouses were underage. Under South Carolina law, you typically must be at least 18 years old to get married, though minors as young as 16 can be married with their parents’ consent. If either spouse was under 16 when the marriage occurred, the underage marriage may be annulled.
- The spouses never cohabitated. If you and your spouse never cohabitated, or lived together, after the marriage, this may be grounds for annulment in South Carolina. However, if you and your spouse spent even one night together in the same house after marriage, you would likely be ineligible for annulment on the basis of no cohabitation.
How Do I Get an Annulment in South Carolina?
When you initiate an annulment proceeding in South Carolina, you are considered the plaintiff in the case, while your spouse is considered the defendant. As a plaintiff, you must have lived in the state of South Carolina for at least one year to seek an annulment here.
To begin the process of seeking an annulment, you must:
- File a “Complaint for Annulment” with the local circuit family court in the county where your spouse currently resides.
- Include the following information in your complaint for annulment:
- The date of your marriage
- The city, county, and state where your wedding took place
- The county where you currently reside
- The county where your spouse currently resides
- The names and birthdays of any children born during your marriage
- The legal grounds for your annulment
- Your preferences regarding whether the court should make decisions about child custody, child support, spousal support, or property division after the annulment is complete
- Serve your spouse with a copy of the complaint for annulment. It’s possible to do so even if you don’t know where your spouse is or if they are residing in another state.
- Attend a hearing where you present evidence to support the legal basis for your annulment. If the judge decides your evidence is sufficient, they will grant your legal annulment.
Get Help from a South Carolina Family Law Attorney
At McKinney, Tucker & Lemel LLC, our experienced South Carolina family law attorneys can help you determine whether annulment might be the right option for you. Contact us today to discuss the details of your situation with a compassionate lawyer.
