Understanding Marriage Annulment in South Carolina

An annulment is a court order declaring that a marriage (and related official record) is void or voidable, meaning it was never legally valid from the outset. While divorce is a process used to end a valid marriage legally, an annulment treats a marriage as invalid as if it never existed in the eyes of the law. The legal purpose of annulments in South Carolina is to provide legal relief, particularly for injured parties, in a marriage that should never have been solemnized from its beginning.

South Carolina allows annulments only in specific, limited circumstances. These are generally when a particular condition made the marriage void from the beginning. The eligibility to seek an annulment will be determined by the nature of the case and the grounds for annulment that are used. Generally, the injured party, based on the grounds for an annulment, may file for an annulment. For example, a spouse who was coerced or defrauded into consenting to a marriage is eligible to file for an annulment.

If an annulment petition is successful, it leads to several outcomes. The couple is restored to single status as if they were never married. The courts will also issue several orders settling matters such as property and debt division, spousal maintenance, and parenting responsibilities if minor children are involved.

Grounds for Annulment in South Carolina

South Carolina does not have a single statute that defines or lists all the grounds for an annulment. Instead, courts typically rely on a combination of statutes from Title 20, Domestic Relations laws, and well-established case law. Listed below are some of the commonly accepted grounds for annulment in the state.

• S.C. Code § 20-1-80 declares bigamous marriages, where one spouse was already/still married to another living person, as void. This means the marriage is invalid and the spouses may seek an annulment.
• S.C. Code § 20-1-10(A) declares that mentally incompetent persons cannot lawfully enter a marriage contract. Lack of mental capacity at the time of marriage may be grounds for annulment.
• S.C. Code § 20-1-10(B)(C) prohibits incestuous marriage between blood relatives. Such a marriage is considered void and subject to annulment.
• S.C. Code § 20-1-250 establishes the minimum age for marriage and outlines consent requirements. A marriage may be annulled if an underage person is married without obtaining the legally required parental or judicial consent.
• Under S.C. Code § 20-1-530, a marriage may be considered invalid if the couple cohabiting does not consummate the marriage. In this case, either spouse may seek annulment.
• S.C. Code § 20-1-530 also provides that a marriage may be invalid for any other cause that shows it was not a valid contract at the time the marriage was entered into.

Although not formally listed in South Carolina Statutes, the following are typically recognized as grounds for annulments in the state.

• A marriage may be eligible for annulment if either spouse was forced, coerced, or entered the marriage due to unlawful threats or pressure.
• A marriage may be annulled if consent was obtained by deceitful or fraudulent means, that if it were known, the other spouse would not have consented to the marriage.

Eligibility Requirements for an Annulment in South Carolina

Eligibility requirements for annulments in South Carolina will typically depend on meeting certain conditions, including relationship status, residency requirements, and filing deadlines.

A spouse can only file for an annulment if a legal marriage ceremony was performed and the couple is recognized as husband and wife. It is worth noting that while both civil and religious annulments are available, only civil annulments have legal effect in South Carolina.

Annulments in South Carolina follow the same residency and venue requirements as other separation proceedings, like divorce. When both parties reside in South Carolina, the action may be filed in the family court for the county where the petitioner resides, where the respondent lives, or the county where they last lived together as a couple. Annulment in South Carolina does not require a lengthy residency period that must be completed before filing for annulment, unlike the one-year residency requirement for divorces. The law simply requires that the court hearing the annulment must have personal jurisdiction over at least one of the spouses.

As delays may weaken and complicate cases, South Carolina does not impose a fixed statute of limitations on annulment petitions. However, courts may consider how long the couple lived together, if they consummated the marriage, and if they continued the marriage after the flaw was discovered. Some grounds, such as coercion and fraud, may lose strength if the couple remains together after the issue is found.

The petitioner must be able to articulate which legal ground makes the marriage invalid clearly and provide the evidence to back it, such as proof of non-cobabitation, bigamy, or fraud, and witness testimony.

How to Get a Marriage Annulled in South Carolina

Interested parties may file for an annulment in South Carolina by adhering to the following general steps:
Step 1: The petitioner must examine their case and determine a legally recognized ground for annulment. They must confirm the court where the case will be filed and gather basic documents and supporting evidence before filing the case.

Step 2: The process begins when the petitioner files a Complaint for Annulment in the appropriate South Carolina Family Court. Although there is no specific annulment petition form, the petitioner may use the civil complaint form SCCA-701 and a summons or check with the local clerk of court if they have county-specific forms for annulments. The complaint should include the name of the respondent, the date and place of the marriage, and the legal grounds for annulment. The petitioner should also state any requests for additional matters, including child support, custody, reinstatement of former names, and spousal maintenance.

Step 3: Most counties require a Family Court Cover Sheet that summarizes the case for the clerk and the filing fee to cover administrative costs. If the petitioner cannot afford the filing fee and associated costs, they may file the Motion and Affidavit to Proceed In Forma Pauperis (Form SCCA-405).

Step 4: The petitioner must serve the other spouse(the respondent) involved in the case with copies of the complaint and a summons. This process is performed by the local sheriff's office or a private process server. Certified mail may be used in some cases. The respondent is allowed to file an answer or response admitting or contesting the claim.

Step 5: After service is confirmed, the case enters a preparation stage. What happens here may vary by county, but it typically involves the exchange of evidence, scheduling of conferences and hearings, filing motions and affidavits to support each party's claims, and negotiations between parties if required.

Step 6: Most annulments will end with at least one hearing at the family court, even if both parties agree to the annulment. At the hearing, the judge will review the evidence provided and may ask questions to clarify the conditions of the marriage. If satisfied that the marriage was invalid, the judge issues a final decree of annulment. The court also issues the Report of Divorce or Annulment for the South Carolina Vital Records Office as an official record of the annulment.

Required Forms and Documentation for an Annulment in South Carolina

Listed below are forms and documentation required for annulment proceedings in South Carolina.

• There is no standard annulment petition form on the South Carolina Judicial Branch Website. Petitioners may use the general Complaint Form SCCA701.
• Summons form SCCA401F must be served to the respondent along with copies of the complaint to inform them of the annulment case.
• The standard blank Answer form SCCA703 may be used to respond to the initial complaint, as there is no standard annulment response form.
• The Family Court Cover Sheet SCCA 467 is used to summarize the details of the case for the court clerk and for docketing purposes.
• If the Petitioner cannot afford court costs, they may file the Motion and Affidavit to Proceed In Forma Pauperis (Form SCCA 405) and a Financial Declaration to request a fee waiver.
• After the annulment is granted, the court clerk will complete and issue the Report ot Divorce or Annulment Form DHEC-0682 and issue it to the parties involved, including the state vital records office.

Petitioners and respondents may also require affidavits and supporting evidence depending on the grounds for annulment. These include affidavits for incapacity, fraud, or non-cohabitation and supporting documents such as medical records, psychological evaluations, criminal records, prior marriage certificates, birth certificates, witness statements, emails, and text messages.

Most of these forms may be found online on the South Carolina Judicial Branch Website, Court Form Search, or Appendix of Forms. The County Court Clerk may also have physical copies or samples of the forms and documentation required for the annulment.

Where to File for an Annulment in South Carolina

Under South Carolina domestic relations laws, the family court has authority over all matters that arise from marital relationships, including any that determine a marriage’s validity and child custody, visitation, and support in all separation actions. This specialization allows the family court to handle both the marital status question and related family issues involved in annulment cases.

The petition for annulment must be filed in the family court for the county where the petitioner resides, the other spouse/respondent resides, or, in some cases, where the spouses last cohabited. Although annulment procedures are generally the same statewide, each county may have local procedures unique to its jurisdiction, such as filing, scheduling, and case management procedures. It is recommended that petitioners call ahead and inquire about any such procedures.

Annulment Timelines and Waiting Periods in South Carolina

South Carolina does not impose a waiting time or cool-off period for annulment. The judge may grant the decree immediately if they are satisfied that valid grounds for annulment have been established. This is unlike divorce cases, where the judge may impose a one-year separation before the couple may file for divorce.

The estimated timeline for an annulment case may vary from a few weeks to several months, depending on the circumstances of the case. Uncontested annulments, where both parties agree and the process is brief and straightforward, typically conclude faster. On the other hand, contested annulments where one spouse disputes the grounds usually take much longer, as more evidence gathering, additional testimony, and hearings are required.

Annulment proceedings can be expedited by both parties cooperating, presenting clear and well-documented evidence, serving papers promptly, and accurately filing and completing documents. Conversely, failure to serve papers or contested grounds requiring additional proof may lead to significant delays in the case. Significant problems at the court, such as case congestion, incomplete paperwork, procedural errors, and backlog, also delay cases.

Costs and Court Fees for an Annulment in South Carolina

Although costs and court fees may vary by county, the following are some of the typical costs involved when filing for an annulment in South Carolina.

• The cost of filing the initial petition for annulment with the family court is $150.
• The cost of serving the respondent with the petition and summons ranges from $15 to $60, depending on the distance, number of attempts, and other administrative fees. A private process server or the local sheriff's office may carry out this service.
• Attorney fees are the largest variable, and they typically depend on the lawyer’s experience, the complexity of the case, and the type of evidence required. Attorney fees may range from a flat fee to an hourly rate of several hundred dollars per hour.
• Other costs include administrative costs such as copying and notarization of documents or affidavits, and expert evaluation fees.

South Carolina does not charge filing fees if the petitioner obtains an order granting a Motion for Leave to Proceed in Forma Pauperis. Interested persons may apply for the fee waiver by submitting the motion and an affidavit of indigency with the original annulment petition. Another way to save costs is to self-represent (Pro Se) during the case, which eliminates attorney fees, one of the heaviest costs.

After the Annulment: What Happens Next?

When the Court grants an annulment, a final decree of annulment is issued declaring the marriage to be invalid from the start and imposing several legal and practical effects on both spouses.

• The parties are restored to their single status as if they had never been married. Both spouses can remarry immediately unless there is another legal impediment.
• Assets and financial issues are handled differently in divorce, and equal distribution laws do not apply to annulments. The courts may still address these cases and award some assets, often using contract or unjust-enrichment principles rather than marital property rules.
• Children born during an annulled marriage remain legitimate in South Carolina, and the court will make decisions involving child custody and support based on the best interests of the child.
• A party who changed their name upon the marriage may request that the court restore their prior legal name in the decree.
• Alimony is generally not available after an annulment because the marriage was never legally valid. However, courts may consider temporary spousal support in limited circumstances.
• Although marriage records may remain in government records, the clerk submits a Report of Divorce or Annulment to the state vital records as proof of annulment.