Years ago it was socially unacceptable (especially for a woman) to be divorced.  So, many times, the family of a young woman would seek an Annulment in order to erase a hasty, ill-advised marriage.  Nowadays, a divorce does not carry the social stigma that it did years ago, so most people do not worry about obtaining an annulment instead of a divorce.

However, there are times when an annulment is the right thing to do.  Marriages are most commonly annulled when it is shown to the Family Court that you and your spouse 

never consummated the marriage 

and 

did not continue to live together.  

In other words, if you had a marriage ceremony, and (for whatever reason) you did not have sexual relations with your spouse, and you did not continue to live together with your spouse, then you may be entitled to an annulment.

If you had a honeymoon (even one night), you cannot get an annulment.

As with any area of the law, there are always exceptions to the rule, and you should always fully discuss your situation with a licensed, experienced Family Law Attorney.


Annulment Myths.

Almost anyone can tell you something about an annulment; however, most of this information is incorrect!  Here are some of the more common myths:

An Annulment is cheaper than a Divorce.

Not true!  The cost of any Family Court case depends on many factors that must be considered by a lawyer before taking a case.  Many times the facts required to prove an annulment will take more time and testimony than a simple divorce.

An Annulment is faster than a Divorce.

Not true!  Annulment papers have to be written up, filed in court, and served on your spouse.  You then have to wait 30 days, ask for a final hearing, and wait for the hearing to be scheduled.  There is no "special pass" to the front of the line for an annulment.

An Annulment is possible if you have been married less than one year.
 
Not true!  the length of marriage has nothing do with an annulment.  Annulments are allowed in South Carolina if you and your spouse never had sexual relations and did not continue to live together as husband and wife.

Warning!

This Webpage contains only a brief overview of the topic of Annulment in South Carolina. Only a licensed, experienced attorney who practices in the Family Court can adequately address your individual needs and questions. I hope that this information has been helpful. I look forward to hearing from you!

If you have any questions, call me. 

Upstate Office 864-642-2524

Midlands Office 803-356-8441