When two people get married, they usually hope it is for life. But sometimes, things don't go according to plan. Most people are aware of divorce. But there is another way through which marriage comes to an end: annulment.
While the goal of a divorce is for the married couple to be no longer married to each other, an annulment treats the marriage as though it never existed in the first place.
The marriage annulment laws of South Carolina are very similar to those of many other states, just with specific requirements and steps. South Carolina has limited grounds for annulments. The court requires each case to be proved on its own grounds with valid and documented evidence. These are the very reasons why South Carolina residents should understand these laws if they consider seeking an annulment. This process is complex and time consuming.
The consequences of an annulment can be huge. We are talking not only about marriage dissolution but also property rights, inheritance, and the legal status of children born during marriage. That's why it is good to know what grounds can lead to annulment and how everything works.
Fraud
One of the common reasons for annulments is fraud. This occurs when a person commits fraud to get married or after marriage. For example:
- The person is already married to another person.
- The person lies on issues related to having children.
- The person fakes pregnancy with the aim of getting the other person to marry them.
Lack of Mental Capacity
For a marriage to be valid, both parties must be capable of knowing what they are doing. Sometimes, a party will lack this capacity. This may be due to the following reasons:
- Being under the influence of drugs or alcohol.
- They have a mental condition that impairs their judgment.
- They were pressured or forced into the marriage.
If someone wasn't in the right frame of mind when they got married, the court might decide the marriage invalid.
Underage Marriage
Under South Carolina law, you must be at least 16 years old to marry. If you were married under this age—to whomever and even with parental consent, your marriage could be annulled. The law is in place to protect underage youth who may be led into some kind of premature commitment to get married.
Incest
Marriages between close relatives are not allowed. This includes:
- Parent and step-parent
- Grandparent and step grandparent
- Child or grandchild
- Aunt and uncle
Bigamy
Bigamy is when a person has more than one spouse at the same time. A marriage that takes place when one of the parties is already married may be voided. It does not matter which party is the married person, and it does not matter whether that party did not know they were still married – the second marriage is not valid.
Impotency
If one of the spouses is impotent and the other spouse was not aware of it before marriage, then it can constitute grounds for annulment. This is so because the right to produce children is considered an essential factor in marriage.
Duress
A marriage should be freely entered into by both parties. If someone was forced or threatened into getting married, the marriage might be annulled. This may arise when:
- One person is blackmailed into the marriage.
- There were threats of violence.
- One of them was in a vulnerable condition and felt they had no choice.
Conclusion
Annulment is a legal procedure that has a lot of impact for both parties. If you believe you may have grounds for annulment, it is very important to act quickly and seek legal advice.
Remember that every case is unique, and processes that work in one marriage may not work in another. Each case is treated individually by the courts, who examine each case very carefully to ensure they make the correct decision.
