Charleston Annulment Attorneys

Helping You Understand the Annulment Process

Annulments are often misunderstood. Many people believe that an annulment is a religious process that can only be granted by a church. In reality, an annulment is a legal process that can only be granted by a court. In South Carolina, an annulment is a legal declaration that a marriage is void. In other words, an annulment is a legal determination that a marriage never existed.

At Shaw Law Firm, LLC, we understand that the annulment process can be confusing. Our Charleston annulment lawyers are here to help you understand the process and guide you through it. We will work with you to determine if you are eligible for an annulment and, if so, help you file the necessary paperwork.

Call (843) 256-3499 or contact us online to schedule a consultation with our annulment attorneys in Charleston.

What Is the Difference Between an Annulment and a Divorce?

While both an annulment and a divorce end a marriage, they do so in different ways. A divorce ends a valid marriage, while an annulment declares that a marriage was never valid. In other words, a divorce ends a marriage, while an annulment erases it.

When a couple gets a divorce, they must divide their marital property and debts. They may also have to pay or receive alimony. If the couple has children, they must also make arrangements for child custody and child support.

When a couple gets an annulment, the court treats the marriage as if it never happened. As a result, the couple does not have to divide their property or debts. They also do not have to pay or receive alimony. If the couple has children, they must still make arrangements for child custody and child support.

It is important to note that, in South Carolina, an annulment does not affect the legitimacy of a child. A child born during an annulled marriage is still considered legitimate.

What Are the Legal Grounds for an Annulment in South Carolina?

In South Carolina, you can only get an annulment if your marriage is void. This means that your marriage was never valid. There are several reasons why a marriage may be void.

Under South Carolina law, a marriage is void if:

• One of the spouses was already married at the time of the marriage
• One of the spouses was under the age of 16 at the time of the marriage
• One of the spouses was under the age of 14 at the time of the marriage and the couple did not live together after the spouse turned 14
• The couple is closely related by blood
• One of the spouses was mentally incompetent at the time of the marriage
• One of the spouses was physically impotent at the time of the marriage
• One of the spouses used fraud or duress to get the other spouse to marry them

If your marriage is void, you can file for an annulment at any time. There is no time limit for filing for an annulment in South Carolina.

How to File for an Annulment in South Carolina

If you are eligible for an annulment, you can file for one in South Carolina. To do so, you must file a Complaint for Annulment with the family court in the county where you live. You must also pay a filing fee.

After you file your Complaint for Annulment, you must serve your spouse with a copy of the complaint. Your spouse then has 30 days to respond to the complaint. If your spouse does not respond, the court may grant your annulment by default.

If your spouse does respond, the court will schedule a hearing. At the hearing, you and your spouse will have the opportunity to present evidence and arguments. The judge will then decide whether to grant your annulment.

If the court grants your annulment, it will issue an order declaring that your marriage is void. You can then use this order to change your name and marital status on your identification documents.