Although difficult to prove, there are a few bases for annulment in the state of South Carolina that can support your case. With this, it is important that you employ an experienced Chesterfield divorce lawyer at The Cockrell Law Firm, P.C. today that will help you fight through your current situation.
How does the state of South Carolina define an annulment?
In the state of South Carolina, an annulment means the marriage never existed. That is, it is a declaration from the court that despite the two parties’ attempts to enter a marriage, it was void from the start. This is different than a divorce, in which the marriage existed, and with its termination, the property must be divided according to the state’s laws for divorce.
What are the grounds for annulment in South Carolina?
If your marriage was invalid, then you have a reason for an annulment. The following are reasons a marriage may be prohibited under South Carolina law:
- The marriage was never consummated, meaning that the two parties never lived together.
- The two parties are close relatives.
- One of the parties is mentally incompetent to enter a marriage contract.
- One of the parties was already married, a crime which is otherwise known as bigamy. Exceptions to this include if the former spouse has been absent for at least five years, the former marriage ended in divorce, or the former marriage has been declared void by the courts.
- One of the parties was under 16 years of age and therefore was not legally able to get married.
- One of the parties had a lack of consent or duress.
- There are fraudulent representations that make the performance of the duties and obligations of the marriage relation impossible.
If you believe you have proof that your marriage is invalid, do not hesitate in reaching out to a skilled Chesterfield divorce lawyer.
What is the statute of limitations for annulment in South Carolina?
As long as the requirements are met, there is no statute of limitations for filing an annulment in the state of South Carolina. Present your claim to a Chesterfield divorce lawyer, and they will review your case, gather the evidence that entitles you to an annulment, and present the said evidence to a family court.
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Our legal team has significant experience helping clients through a wide array of legal matters, including those involving criminal law, personal injury law, divorce & separation, and family law. For competent and trustworthy legal counsel, simply contact The Cockrell Law Firm, P.C. today to schedule your free initial consultation with our legal team.