How to Get an Annulment in South Carolina

Annul My Marriage How to Get an Annulment in South Carolina

How to Get an Annulment of Marriage in South Carolina

Annulling a marriage is still a hard thing to accept, just like a divorce. The difference is, it will essentially erase the marriage from your record and give you a clean slate. Before you apply for annulment in SC, it's wise to understand the term and the process for handling it.

Let DoNotPay assist you with the process. We'll help you determine the difference in annulment vs divorce and ensure you understand eligibility requirements for getting one.

What Annulment Laws Does South Carolina Follow?

South Carolinians who go through a divorce is still considered to have been married in the first place. South Carolinians who undergo an annulment are considered to have never been married at all. It voids the marriage and makes it completely invalid.

South Carolina requires a legal ground for your marriage to be annulled. To have your marriage annulled you will need to prove one of the following grounds

Duressone spouse coerced the other to get married
Fraudone spouse lied about something essential to the marriage (for example, hiding insanity or impotence)
Bigamyone spouse has a living husband or wife at the time of marriage
Incestthe spouses are more closely related than first cousins
Mental incompetenceone spouse is mentally disabled to the point they can't consent to the marriage
Underageone or both spouses are under 16
No cohabitationthe spouses never lived together

Who Qualifies for an Annulment in SC?

Anyone who enters a void marriage as described above qualifies for an SC annulment. You may also qualify if you can prove:

  1. You got married under duress, and your spouse coerced you into it.
  2. Your marriage was based on fraudulent information, such as the other party never disclosing they couldn't have children.
  3. You discover you are directly related, such as brother and sister or uncle and niece.
  4. One party is deemed mentally incompetent.

Do I Need to File Certain Forms?

Yes, you need to file various forms to have your South Carolina marriage annulled. It is wise to consult with a family law attorney, or at the very least, seek guidance at the self-help center in your local courthouse.

You must file:

  • A petition to annul the marriage
  • An annulment questionnaire
  • An annulment property settlement, child support, and custody agreement form or a joint custody agreement
  • A report of annulment of marriage

You do not need the other party present to file, but having both parties agree on the circumstances can make the annulment go through faster and save on costs.

Does it Cost a Lot?

The cost of an annulment varies tremendously. It can cost up to $5000 if you have lawyers to pay and various filing fees to handle. To start, it costs $150 just to file the original annulment paperwork in South Carolina.

You may be able to apply for a fee waiver if you have a low income or have state-based insurance.

What Can I Expect After My SC Annulment?

After your South Carolina annulment takes place, you are legally single. Your marriage essentially never was and does not need to be disclosed to anyone.

If you had a child before the marriage or before it was annulled, said child is still legitimate in the eyes of the law and the church. Appropriate custody arrangements and child support orders must be handled separately.

How to File for an SC Annulment on Your Own

Ready to file for your SC annulment? Find your county courthouses, such as Lexington County Circuit Courthouse or Richland County Circuit Courthouse. There are 91 clerk offices spread throughout 46 South Carolina counties.

Make sure you visit the closest one to where you live so you can file in the appropriate place. You will need to pay the filing fee and file the appropriate forms to get started.

You can handle an annulment yourself without an attorney but are encouraged to at least stop in at the self-help office to ensure your forms are filled out properly. You will need to come back and file further forms based on the clerk's recommendations.

If you're using the Richland County Clerk of Court, you're encouraged to call for questions or assistance. Dial 803-576-3326. Otherwise, check the details provided by your local Clerk of Court to find contact information if you should need help.

Let DoNotPay Help You Determine Your Annulment Eligibility

Don't handle your annulment in SC yourself if you're struggling. DoNotPay can help you determine your eligibility and get the process started so you don't have to do it alone. It saves you time and stress.

  1. Search for Annulment on the DoNotPay website.

     

  2. Kick off the process to see if your marriage is eligible for an annulment.

     

  3. Answer some specific questions about your marriage and see if your state law allows for an annulment.

     

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