Tag Dot

Can My South Carolina Marriage Be Annulled?

At the David W. Martin Law Group, our South Carolina divorce attorneys understand that when spouses know within months that they may have misjudged their compatibility and their marriage will not work out, they look for quick ways to put the relationship behind them.

Some are under the misnomer that if their marriage lasts fewer than six months, they may qualify for annulment. In South Carolina, an annulment is a legal process that declares a marriage null and void as if it never existed.

Where the confusion lies is that the grounds for annulment in South Carolina are limited and generally more restrictive than those for divorce. Here, we discuss the criteria.

Divorce Attorneys in SC

How Does a South Carolina Marriage Qualify for an Annulment?

To qualify for an annulment in South Carolina, you must meet one of the following criteria:

  • Bigamy

If one of the spouses was already married to someone else at the time of the current marriage, the second marriage can be annulled.

  • Fraud or Duress

An annulment may be granted if one spouse was induced into the marriage through fraud, misrepresentation, or under pressure and would not have married the other party if not for these factors.

  • Lack of Mental Capacity

If one of the spouses lacks the cognitive ability to understand the nature of the marriage contract and the duties and responsibilities that come with it, the marriage may be annulled.

  • Impotence

If one of the spouses is physically incapable of consummating the marriage and the other spouse did not know about this condition before getting married, an annulment may be granted.

  • Underage Marriage

If one or both spouses were under the age of consent at the time of marriage — usually 16 years old in South Carolina — and the marriage was not subsequently ratified after both parties reached the legal age, an annulment is possible.

  • Incestuous Marriage

An annulment can be granted if the marriage is between close blood relatives, like siblings or first cousins.

It is important to note that annulments in South Carolina can be more complex and more challenging than divorces, and not all marriages that have encountered problems can be annulled.

Contact Our Dedicated South Carolina Family Law Attorneys Today

Call 803-548-2468 or contact us online to understand your specific situation and whether you qualify for an annulment under the state’s laws and to learn more about your legal rights and options to pursue the best outcome for your unique case by partnering with our dedicated South Carolina family law attorneys at the David W. Martin Law Group today.


Message Us

David W Martin Law Group Logo

(803) 548-2468

Call today to be our next satisfied legal client.

David W. Martin Law Group

108 Springs Street
Fort Mill, SC 29715-1722
(803) 548-2468

1061 Red Ventures Drive, Suite 145
Fort Mill, S.C. 29707
(803) 548-2000

910 E. North Street
Greenville, SC 29601
(803) 590-1958

324 East St. John Street, Suite F-2
Spartanburg, SC 29302
(864) 606-0053

331 Oakland Avenue
Rock Hill, SC 29730
(803) 985-9200

110 Trader’s Cross, 1st Floor
Bluffton, SC 29909
(843) 949-4354

2411 N. Oak Street, Suite 307B, 3rd Floor,
Myrtle Beach, SC 29577
(854) 854-5623

1240 Winnowing Way,
Suite 102 Office 1120
Mt. Pleasant, SC 29466
(843) 800-8165

Columbia office

1501 Main Street,
Suite 507, Columbia, SC.

Contact Us

Text Us