What Are the Grounds for Annulment in South Carolina?

You’ve tied the knot, but something doesn’t feel quite right. Maybe you rushed into the marriage, or perhaps there were fundamental issues you weren’t aware of at the time. As the initial excitement wears off, you find yourself questioning the validity of your union. Is it possible to erase this marriage from existence as if it never happened?

In South Carolina, the law recognizes that not all marriages are created equal. Sometimes, the circumstances surrounding the marriage are so problematic that the union itself is considered voidable. If you find yourself in this predicament, understanding the five grounds for annulment is crucial.

Lack of Consent or Capacity

One of the fundamental requirements for a valid marriage is the ability to provide genuine consent. If one party entered into the marriage under duress, fraud, or mental incapacity, the marriage can be considered voidable.

• Imagine, for instance, that your spouse concealed a critical fact from you, such as a previous marriage or a severe mental illness.
• Perhaps you were coerced into the union through threats or manipulation.

In these cases, the law recognizes that your consent was not truly given, and an annulment may be a viable option.
South Carolina courts have consistently upheld the principle that consent must be given freely and without undue influence.

Underage Marriage

In South Carolina, there are strict age requirements for a valid marriage. Generally, individuals must be at least 18 years old to marry without parental or judicial consent. However, even with parental consent, marriages between minors under the age of 16 are considered void from the outset.

If you or your spouse entered into the marriage while underage, without the proper legal requirements being met, you may have grounds for an annulment. Section 20-1-100 of the South Carolina Code serves to recognize that minors lack the full capacity to understand the implications of marriage. As such, these unions are deemed invalid.

Bigamy or Polygamy

Imagine discovering that your spouse was already legally married to someone else at the time you exchanged vows. This scenario, known as bigamy, is a clear ground for annulment in South Carolina.

• Bigamy occurs when an individual enters into a marriage while still legally bound to a previous spouse.
• Polygamy is the prohibited practice of having multiple spouses simultaneously.

Any marriage entered into under these circumstances is considered void from the beginning.

Section 20-1-80 of South Carolina’s law is clear on this matter: a marriage is only valid if both parties are free to marry at the time of the ceremony. If either party is already legally married to someone else, the subsequent marriage is considered null and void.

Consanguinity or Affinity

South Carolina law also prohibits marriages between certain closely related individuals. This restriction applies not only to blood relations (consanguinity) but also to relations by marriage (affinity).

• For example, consanguineous marriages between first cousins or closer blood relatives are considered void in South Carolina.
• Similarly, marriages between individuals related by affinity, such as a stepparent and stepchild, are also prohibited.

The reasoning behind these laws (Section 20-1-10 (B)-(C)) is to prevent potential genetic and social issues that may arise from such unions. If you discover that your marriage falls within the prohibited degrees of relationship, you may have grounds for an annulment.

Impotence or Incapacity

In some cases, the grounds for annulment may be physical in nature. South Carolina recognizes impotence or incapacity to consummate the marriage as a valid reason for annulment.

This ground typically involves situations where one party is physically unable to engage in sexual intercourse, rendering the marriage incapable of being consummated. However, it’s important to note that the law has a high bar for proving impotence or incapacity, and evidentiary challenges may arise.

If you believe your marriage falls under this category, it’s crucial to seek legal guidance from experienced South Carolina family law attorneys. They can help you navigate the delicate nature of this ground and ensure your case is presented with the utmost sensitivity and professionalism.

Concealment or Misrepresentation

Imagine discovering that your spouse concealed or misrepresented a material fact about themselves before the marriage. Perhaps they lied about their fertility or misrepresented their health status. In cases like these, you may have grounds for an annulment based on concealment or misrepresentation.

South Carolina law recognizes that certain facts are so fundamental to the decision to marry that concealing or misrepresenting them can render the marriage voidable. The key factor is whether the concealed or misrepresented information was material – that is, whether it would have influenced the decision to marry had it been known.

For example, the court may grant an annulment if one spouse conceals their inability to have children, and that fact is deemed material to the other spouse’s decision to marry.

The Annulment Process in South Carolina

If you believe your marriage falls under one of the legal grounds for annulment in South Carolina, the next step is to initiate the legal process. This journey begins with filing a complaint for annulment in the appropriate South Carolina family court.

The complaint for annulment must clearly outline the legal grounds for the annulment, along with supporting evidence. Once filed, the court will set a hearing date, and both parties will have the opportunity to present their case.

Throughout this process, having a skilled South Carolina family law attorney by your side is invaluable. At Steele Family Law, our team will guide you through every step to ensure your rights are protected and your case is presented in the strongest possible light.

Time Limitations and Residency Requirements

It’s important to note that South Carolina generally doesn’t impose time limitations on annulments. The most important factor in determining whether to grant an annulment is the reason behind the annulment.

However, at least one party must meet the residency requirements set forth by the law. In South Carolina, this means at least one spouse must live in the state for at least one year (South Carolina Code of Laws Section 20-3-30).

Potential Challenges and Defenses

Even if you have valid grounds for an annulment, your case may still face challenges or defenses from the other party.

• One common defense is the doctrine of ratification, which suggests that even if the marriage was initially voidable, the parties’ continued cohabitation and acceptance of the marriage effectively ratified and validated it.
• Another potential defense is laches, where South Carolina courts may deny an annulment if the party seeking it has waited an excessive amount of time, as this could be viewed as accepting the marriage.

These challenges and defenses highlight the importance of acting promptly and seeking legal counsel from experienced South Carolina family law attorneys. Our team at Steele Family Law will work tirelessly to anticipate and overcome any potential obstacles, ensuring your case is presented in the most favorable light.

Pursue Annulment with Experienced SC Family Law Attorneys

At Steele Family Law, our team of experienced attorneys has a deep understanding of South Carolina’s annulment laws and a proven track record of success. We pride ourselves on our ability to provide personalized attention, unwavering advocacy, and a commitment to upholding the highest ethical standards.

Steel Family Law will work tirelessly to build a strong case on your behalf, no matter what your legal grounds are:

• Lack of consent
• Underage marriage
• Bigamy
• Consanguinity
• Impotence
• Concealment
• …And more.

We understand that every situation is unique, and we take the time to listen to your story, understand your goals, and craft a tailored legal strategy that meets your needs.

If you’re considering seeking an annulment in South Carolina or if you have any questions about the process, we encourage you to contact Steele Family Law. Our team is here to guide you through this journey with empathy and a relentless dedication to achieving the best possible outcome for you and your family.