Minor Law Divorce Lawyers | March 14, 2025 | Family Law

The Basics of Annulment in South Carolina

The Basics of Annulment in South Carolina

Many people think of annulment as a quick way to end a marriage, but in South Carolina, it is only granted under very specific conditions. Unlike divorce, which legally ends a valid marriage, an annulment effectively declares that a valid marriage never existed. This can have major effects on property division, financial support, and even child custody.

Below, we’ll explore what annulment means in South Carolina, when you might qualify for one, and how it’s different from divorce.

What Is Annulment in South Carolina?

An annulment is a court order stating that a marriage was never legally valid. While divorce acknowledges that the marriage existed and then dissolves it, an annulment wipes the slate clean as if the marriage did not happen. 

However, South Carolina courts do not take this lightly, so you must meet narrow requirements for an annulment to be granted. 

Grounds for annulment in the state may include:

  • A spouse was already married to someone else
  • One spouse was underage and did not have proper consent
  • Fraud or misrepresentation led one person to agree to the marriage
  • A spouse was mentally incapacitated at the time of the wedding

It’s important to note that not every unhappy marriage qualifies for annulment. You have to show that the legal requirements for marriage were never met. If you can’t prove this, a divorce may be the only option for ending the relationship.

How Annulment Differs From Divorce

Annulment and divorce can both end a marriage, but they have key differences:

  • Legal status: Annulment treats the marriage as if it never legally existed, while divorce ends a valid marriage.
  • Property division: If the marriage is annulled, courts often attempt to restore each person to their pre-marriage state. A divorce, on the other hand, involves dividing marital property acquired during the marriage.
  • Spousal support: In most annulment cases, spousal support is not awarded. Divorce, however, allows the court to order spousal support if needed.
  • Child-related issues: Even if a marriage is annulled, children born during the relationship are still considered legitimate. Child support and custody may still be determined as usual.

Because annulments have strict requirements, many couples discover that filing for divorce is more straightforward. 

What Should I Do If I’m Seeking an Annulment?

If you believe your marriage meets one of the grounds for annulment, these steps can help you build a strong case:

  • Gather documentation: Collect any evidence showing the marriage should not have been valid. This could include birth certificates, proof of prior marriages, medical records, or correspondence about fraudulent claims.
  • Consult an attorney: Annulment can be more complicated than divorce in some cases. A lawyer can review your situation, explain your options, and guide you on how to file.
  • File paperwork: You will need to submit formal documents to the court requesting an annulment. The exact forms can vary by county, so check local rules or ask your lawyer for help.
  • Prepare for a hearing: In some instances, a judge may want to hear both sides of the story. Be ready to present your evidence and explain why the marriage was never valid.
  • Address child or property concerns: Even in an annulment, issues like child support or the division of shared belongings might arise. Make sure you understand how the court could handle these matters.

Working with a qualified family law attorney gives you the best chance of proving the grounds for annulment. 

Determining whether your marriage can be annulled often requires detailed legal research and strong proof. Even if you think your circumstances fit, the court will expect you to follow the right procedures and show valid reasons. If you don’t, you could spend time and money pursuing an annulment, only to learn that divorce was the more appropriate path.

If you have questions about annulment or need help deciding your next steps, consider reaching out to a South Carolina family lawyer.Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact 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