Can You File an Annulment in South Dakota?

Annul My Marriage Can You File an Annulment in South Dakota?

Annulment In South Dakota: What You Need To Know

The legal end of a marriage is something that the courts and the state have a hand in. There are certain criteria that need to be met in order for the state to recognize an annulment, and it is important to understand what those criteria are and why they matter.

An annulment in South Dakota is something that people have to seek sometimes, and it is nice to know what this is and how it is defined. There is a lot of confusion about this topic, and DoNotPay is there to both clear it up, and help you out.

Are Annulments Different From Divorce?

People often mistake an annulment for a divorce. Both are the conclusion of a marriage, and it can seem as though both are one in the same, but that is not true. In reality, an annulment is different from a divorce in a number of ways.

The table below explores the differences between annulments and divorces in South Dakota.

An annulment in SD is:
  1. Legally defined as an illegitimate marriage
  2. A marriage that never should have taken place because of some illegal aspect
  3. A way for the court to legally erase the existence of the marriage at all
This is different from divorce because:
  1. A divorce still shows up as a marriage that once existed
  2. A divorce is a result a couple not wanting to be together anymore
  3. There was nothing illegal about a marriage that ends in divorce when the marriage was first conceived

It is important to understand the legal distinctions between these two terms, because there is a lot that one can potentially do when their marriage ends in divorce, that they may not be able to do when it ends in an annulment. We’re talking about issues relating to retirement, health insurance, alimony and so on.

What Gives Someone The Right To An Annulment In South Dakota?

Certain criteria must be established before a court in South Dakota will agree to allow an annulment to pass through the court. There are a set of reasons why one might get an annulment in South Dakota that are permitted including:

  • Underage marriage - One or more party was not of legal age to get married
  • Marriage of duress - One party was forced into marrying another
  • Incest - It is discovered that the married couple are first cousins or closer in relation
  • Fraudulent marriage - The marriage was based on fraudulent information
  • Bigamy - One or more parties was already actively married when they married another person
  • Unsound mind - One or more parties is deemed to be of unsound mind

What this means is that someone can get away from a marriage if there are serious challenges to the marriage that did not exist when the marriage first happened. It is a way for the state to allow people to back out of a marriage that is based on incorrect, incomplete, or illegal information.

Do You Need A Lawyer For An Annulment?

You should probably seek legal help when trying to get an annulment in South Dakota (or anywhere) to make sure you follow the letter of the law and get your annulment through court without any issues. You can try to do this work all by yourself, but you should expect that you will be buried in paperwork for a very long time to come if that is the case. You can hire an expensive attorney, or use DoNotPay.

Legal assistance can help by making sure you:

  • Get all of your legal forms in on time
  • Follow the timetable set up by the court to get your annulment moved through the system
  • Help you understand every step of the process so you are never confused or left wondering if you did something incorrectly

DoNotPay Can Assist You

DoNotPay has once again come up with a way to help people in a situation that is complex and requires a lot of paperwork. They have a plan for helping you get an annulment filed with the court as fast as possible.

It only takes 3 steps:

  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.


Follow those steps precisely, and you should be all set. You don't have to worry because you know that DoNotPay has stepped up for you to make life a little easier and help you get the assistance needed to protect yourself and your future.

Is DoNotPay Helpful In Other Ways?

DoNotPay has a broad spectrum of programs that it offers to help people find the help that they need with various projects. Here are a few of the programs that people have benefited from:

Cherish these services and the dozens more that they offer when you visit their website. They are all about making things easier on you, and you will see all of the efforts they have put into these services the minute you start to use them.

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