You’ve likely heard the term ‘annulment’ before. But, you’re likely not aware of a single person who has ever had one. Annulments are quite rare, and only available under special circumstances. So, we’re going to help you make sense of it all. That way, if you think you fall into this category, you can speak with your family law attorney about the possibility of pursuing this option.
Annulments in SC: What are they? And do I qualify?
First things first, how is a divorce different than an annulment?
A divorce, as you know, puts an end to a valid marriage. But, an annulment essentially says that the marriage never happened. Obviously, it takes some pretty serious circumstances to make a marriage disappear. Especially in South Carolina, where divorce is taken very seriously. Some of those reasons are: fraud, bigamy, incest, mental incapacity, and so forth. So, in short, the main difference is that a divorce dissolves a marriage, and annulment says ‘what marriage?‘.
Are there consequences to an annulment?
South Carolina judges still consider several matters for annulled marriages. These include custody, visitation, property division, child support, and alimony. Also, after an annulled marriage, one can continue to use the same surname used during the marriage. Or, they can choose to change it. Family courts can divide property equitably among the parties after an annulment. There is no right to inheritance of the other party after, unless there is a remarriage. Take, for instance, you marry someone and get an annulment. After that annulment, one former spouse died. The living person will have no right to the estate unless they remarry.
So how do you annul a marriage in SC?
Filing for annulments in SC requires that you file a “Complaint for Annulment”. You must file this in the circuit family court where your spouse lives. Again, it’s rare that courts annul marriages. Most people seeking an annulment have to settle for a divorce. This is because the circumstances for it are so narrow, however you might fit into that narrow margin. If you have questions about filing for divorce or annulment, reach out to an experienced divorce attorney today.