Divorce may be the only avenue for most married couples. In some instances, however, it may be that your marriage can be annulled on legal grounds.
Annulment & Prohibited Marriages
While divorce ends a legally binding marriage, in an annulment, the Court finds that the marriage did not legally exist. The grounds for annulment in South Carolina are set out in the South Carolina Code of Laws.
Your marriage may be void in South Carolina if it meets any of the following criteria:
- The couple did not consummate their marriage.
- One spouse has an existing marriage.
- One spouse was not yet of legal age to marry (16 years).
Some marriages may be void because they qualify as a “prohibited marriage.” Under South Carolina law, a prohibited marriage can involve:
- Incompetency: Involving a person who is mentally incompetent and unable to enter into a legal contract.
- Close Relations: Marriages between ancestors and descendants, spouse of an ancestor and a descendant, or aunts and uncles to nieces and nephews.
There is no statute of limitations on annulment.
Annulment in South Carolina
If you believe your marriage may qualify for an annulment, a South Carolina
attorney can help you navigate your case. You must qualify for an annulment, and your attorney will review the evidence to determine your eligibility.
Bleecker Family Law is here for you.
Bleecker Family Law is proud to support all members in our Lowcountry community with compassionate counsel and confidence in court. Contact us today to speak with a member of our team who can help you navigate your Family Court needs.