An action or proceeding for the annulment of a marriage differs from a divorce proceeding in that a divorce proceeding is instituted to sever a marriage relation admitted to exist, whereas an annulment proceeding is brought for the purpose of declaring judicially that because of some disability or defect that existed at the time of the marriage. In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that the marriage was void or voidable under the laws of the forum state or the state in which the marriage was performed.
South Carolina Petition to Annul Marriage with No Children or Property
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How to fill out Petition To Annul Marriage With No Children Or Property?
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How Long Can You Be Married and Still Get an Annulment in South Carolina? There is no specific time limit to file for annulment in South Carolina. As long as you can prove that your marriage is not legally valid and is therefore eligible for annulment, the marriage can be voided no matter how long you were married.
What Are the Grounds for Annulment in South Carolina? Fraud. The first of South Carolina's grounds for annulment is fraud. ... Duress. Duress occurs when unlawful threats or coercion cause you to do something you wouldn't otherwise do. ... Incest. ... Bigamy. ... Mental Incapacity. ... Underage Marriage. ... Lack of Consummation or Cohabitation.
It does not matter if the husband and wife have sexual relations after the marriage ceremony. A failure to ?consummate? the marriage is grounds for an annulment, but SC law defines consummation as ?cohabitation of the parties.?
Additionally, a marriage entered into on a whim or in jest and a sham marriage are also grounds for an annulment.