How can I get an Annulment?

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 in lieu of a divorce.

However, there are times when an Annulment is the right thing to do.  In order to get an Annulment in South Carolina you must show the 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.


"What is NOT TRUE about an Annulment?"

Almost anyone can tell you something about an Annulment; however, most of this information is incorrect!  Here is a list of myths about Annulments:

1.    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 in Court than a simple divorce.

2.    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.

3.    I can get an Annulment if I 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.

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!