Annulment Attorney in Sumter, SC

Annulment versus Divorce in South Carolina

A divorce ends a marriage that was legally formed. An annulment treats the marriage as void from its inception, as though it never took place under the law. The difference affects more than terminology.

In a divorce, courts divide marital property accumulated during the marriage. In an annulment, courts generally aim to restore each party to their financial position before the marriage rather than splitting marital assets. Spousal support is ordinarily not available after an annulment, though South Carolina law provides a limited exception under S.C. Code Ann. Section 20-3-135 when fraud is the proven ground. Children born during an annulled marriage are treated as legitimate under South Carolina law.

Grounds for Annulment Under South Carolina Law

South Carolina recognizes a specific set of grounds for annulment, and each requires proof. Annulment actions aren’t subject to the same filing deadlines as many other civil claims, but the grounds themselves are narrow.

Bigamy
A bigamous marriage is void from the start under S.C. Code Section 20-1-80 when one spouse had a living prior spouse at the time of the ceremony, subject to narrow statutory exceptions.

Prohibited Relationships
Marriages between close relatives, including parent and child, grandparent and grandchild, or aunt or uncle and niece or nephew, are void as prohibited marriages under S.C. Code Section 20-1-10.

Underage Marriage
South Carolina’s minimum marriage age is 16. A marriage entered before that age is void from the start.

Mental Incompetence
If a party lacked the capacity to understand the nature of the marriage contract at the time of the ceremony, the marriage can be rendered voidable on grounds of mental incompetence.

Fraud
Fraud requires concealment of something essential to the marriage relationship, such as an inability to have children or a significant undisclosed mental health condition. Under South Carolina Supreme Court precedent, misrepresentation about character, social standing, or wealth isn’t sufficient.

Duress
Proving duress requires demonstrating reasonable fear of immediate bodily harm at the time of the marriage. Courts also examine whether the person had any realistic opportunity to avoid the ceremony.

Lack of Cohabitation or Consummation
Under S.C. Code Section 20-1-530, failure to live together or consummate the marriage can support an annulment. Courts have found that even brief cohabitation after the ceremony may be enough to defeat this ground.