Does Your Marriage Qualify for an Annulment in South Carolina?
While South Carolina allows for no-fault divorces, you must meet specific criteria to establish that your marriage was not valid and therefore eligible for annulment. This can be a challenging process at times, so working with a divorce attorney in York County, SC, may help keep the process moving toward the outcome you desire.
Ending a marriage is a big decision, even when you know it to be the right one. Beyond the decision to dissolve your marriage, here are some things to consider if you want to get an annulment.
Criteria for a South Carolina Annulment
The criteria for annulment can vary from state to state. The first consideration regarding getting a marriage annulled in South Carolina is to consider whether you have met the residency requirement to file in the state. At least one spouse must have lived in the state for one year before filing for an annulment.
If you have met this requirement, you must consider whether your marriage meets the required grounds to be invalid before filing an annulment complaint.
Fraud
If your spouse lied or deceived you about a fundamental aspect of your relationship that influenced your choice to marry them, this may be considered fraud. Examples of this might include concealing permanent sterility, impotence, or debilitating medical or mental health conditions.
Duress
If you were forced into a marriage, this may be grounds to annul the marriage. This most often relates to situations of threatened violence in which the vulnerable party fears for their safety and well-being if they do not go through with the marriage.
Mental Incapacity
An invalid marriage based on diminished capacity can stem from many situations, including extreme intoxication or inebriation, or diminished mental capacity due to mental or physical illness. For example, perhaps someone was too intoxicated at the time of marriage to realize what was happening, or someone has dementia, which prevented them from consenting to a marriage.
Being Underage
Under South Carolina law, in most cases, you must be at least 18 years old to consent to marriage for it to be valid. However, minors as young as 16 can be married with their parents’ consent. If you were underage when your marriage was consummated, it could be annulled.
Cohabitation Can Affect Your Eligibility for a South Carolina Annulment
The premise of an annulment is establishing that your marriage was not valid, and therefore never existed. We would be remiss if we did not discuss cohabitation in a marriage without also discussing the fact that common law marriages in South Carolina, or those established by the fact that a couple lives together as husband and wife for some time, were viable until 2019.
Even if your marriage doesn’t fulfill the formal legal requirements, it might still be recognized under common law if certain conditions are met. For instance, continuing to live with your partner after learning about infertility or impotence can sometimes be interpreted as acceptance of the situation. In such cases, it may become difficult to later claim that the marriage was entered into under fraud, coercion, or without the proper mental capacity.
An Attorney Can Help You Determine if Your Marriage Qualifies for Annulment
Determining whether your marriage qualifies for an annulment can be a complex process. You may have met some criteria, but you continued living with your spouse in separate areas of the dwelling due to a lack of finances. Perhaps you know that you had valid reasons to fear denying the marriage, but you need to find a way to prove that.
A divorce attorney in York County, SC, can help you determine your options and identify what you need to successfully resolve your marriage through annulment or divorce. No one should have to stay in a marriage that makes them unhappy.
Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers. Call us at (803) 504-0971
To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.
We proudly serve throughout York County.
Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971
