What Is the Difference Between Annulment and Divorce in South Carolina?

There are some couples who realize shortly after they wed that their relationship was not meant to be. When this occurs, spouses occasionally inquire about obtaining an annulment because their marriage was so brief. This reflects a misunderstanding of what annulment is under South Carolina law. Rather than a fast way to dissolve a brief union, annulment is a determination that the marriage was not valid in the first place, regardless of how long it lasted. 

When an annulment is granted, it is because a legal defect existed at the time of the ceremony. Proving this can be difficult process, which is why marriages are rarely annulled. Potential legal defects that could cast doubt on the validity of a marriage include the following:

• Fraud — If one spouse lies about an essential issue prior to the wedding, such as one’s ability to have children, it can mean that the other party did not truly consent to the union. Hiding a severe mental illness might also constitute deception that justifies annulment as a remedy. 

• Age — In South Carolina, 18-year-olds can marry of their own volition, and those who are 16 and 17 are eligible for marriage with parental consent. Should it later come out that a bride or groom was underage, the marriage is considered unlawful.

• Duress — To support an annulment, threats or violence must rise to a level that would make a reasonable person fear immediate bodily harm. The danger must be imminent. South Carolina courts have denied annulments where the threatened person had a realistic chance to avoid the ceremony but proceeded anyway.

• Bigamy — Someone who is wed to someone else at the time of the ceremony cannot enter into a legal marriage. This might occur when there is confusion about whether a previous divorce was actually finalized. 

• Familial relationship — Spouses cannot be more closely related than first cousins.

• Mental incompetence or intoxication — A person who lacks requisite mental capacity at the time off the marriage cannot consent to the union.

When a couple has children, courts can still address child support and custody in an annulment case. Children of an annulled marriage remain legitimate, and parental rights and obligations still apply. It is also important to remember that annulment might be denied if the spouse knew about the disqualifying condition but chose to remain married anyway. A knowledgeable family law attorney can review the circumstances in your case and assess whether annulment is possible or divorce will be necessary. 

McManaway Law, LLC in Greenville advises Upstate South Carolina residents on divorce, annulment and other family law concerns. For a consultation, please call 864-428-8912 or contact me online.