Steps Involved in Annulling a Marriage in South Carolina

Most people enter marriage with the hope that it will last a lifetime. But sometimes, life takes unexpected turns. For a few, the marriage wasn’t just a mismatch—it was something that never should’ve happened in the first place. That’s where annulments come in.

Now, there is a difference between an annulment and a divorce; while a divorce ends a legally valid marriage, an annulment is a legal declaration that the marriage was never valid to begin with. In South Carolina, annulments are rare and granted only under specific circumstances. If you’re exploring this path, understanding the legal steps—and how they differ from other forms of marital dissolution—is essential.

Let’s walk through the key steps involved in annulling a marriage in South Carolina.

Step 1: Understand Whether You Qualify for an Annulment

Not every short or unhappy marriage qualifies for an annulment. South Carolina courts will only grant one under specific, legally defined circumstances. These include:

• Bigamy: One spouse was already married to someone else at the time of the marriage.

• Mental incapacity: If one party was not mentally competent to consent to the marriage.

• Underage marriage without consent: If either spouse was underage and didn’t have proper parental or legal approval.

• Fraud or duress: If one spouse was tricked or forced into the marriage.

• Failure to consummate the marriage: This refers to the couple never having engaged in sexual relations after the wedding.

It’s not enough to simply regret the marriage or discover personality conflicts. You’ll need solid proof of one of these grounds to qualify for an annulment.

Step 2: Gather Documentation and Evidence

Once you believe you qualify, the next step is collecting the evidence to support your claim. Depending on your grounds, this could include:

• Medical records (for mental incapacity or inability to consummate)
• Marriage and prior divorce certificates (for bigamy claims)
• Witness testimony (for fraud, coercion, or lack of consent)
• Text messages, emails, or other records showing deception or threats

This documentation will form the backbone of your case, so be thorough and organized. Without credible evidence, the court may deny your petition.

Step 3: File a Complaint for Annulment

With your documents in hand, your attorney will help you file a complaint for annulment with the family court in the state where either you or your spouse resides. This legal document outlines your reasons for requesting an annulment and includes supporting facts.

Unlike a no-fault divorce, annulments require clear and convincing evidence. Your complaint should be concise but detailed, including specifics about when and where the marriage occurred and the grounds you’re citing.

Step 4: Serve the Other Party

Legally, you must notify your spouse about the annulment proceedings. This step is called the service of process. Your spouse will have an opportunity to respond or contest the annulment. If they disagree with your claims—say, disputing the allegation of fraud or denying bigamy—the court may set a hearing to evaluate the facts.

Step 5: Attend a Court Hearing (If Required)

In many annulment cases, especially contested ones, the court will hold a hearing. During this session, you’ll present your evidence and may be asked to testify under oath. Witnesses can also be brought in to support your claims.

The judge will evaluate the credibility of your case and determine whether the legal grounds for annulment are met. If the judge finds the marriage was never valid, an annulment order will be issued, essentially erasing the marriage from the legal record.

Step 6: Legal and Practical Aftermath

Once an annulment is granted, it’s as if the marriage never legally happened. But that doesn’t mean everything is wiped clean. The court may still weigh in on:

• Division of property (though less formal than in a divorce)
• Child custody or support if children were born during the relationship
• Restitution in cases involving fraud or coercion

Also, note that annulment does not automatically void financial obligations like joint loans or shared debts. Those issues may need to be resolved separately.

Final Thoughts

Getting a marriage annulled in South Carolina is a specific, legally nuanced process that’s different from getting a divorce. It’s not about ending a marriage—it’s about proving that it never should have been valid in the first place.

Because of the emotional weight and legal complexity involved, this isn’t something you should tackle alone. Work with a qualified family law attorney who understands South Carolina’s annulment laws and can guide you through each step.

Whether you’re reclaiming your life after a traumatic experience or simply correcting a legal misstep, an annulment can offer a fresh start. But getting there takes preparation, proof, and the right legal guidance.