Annulment in South Carolina

[bigeyes]

how do you go about getting an annulment in South Carolina. does domestic violence fall under the grounds for an annulment. please help.

 

[maryp]

Are you sure you mean annulment and not divorce?

This is what the Annotated Divorce Law Dictionary states about annulment:

Annulment. The court’s judgment that a so-called “marriage” was never legally valid or became invalid after the marriage.

Where a marriage was never legally consummated, for instance if one party was already married, the marriage is said to be “void,” or a “nullity,” i.e., it never existed. In contrast, a “voidable” marriage is valid unless, or until, annulled. Grounds for annulling a “voidable” marriage include serious fraud or a party’s legal incompetence at the time of marriage.

Certainly, physical cruelty are grounds for a divorce in South Carolina. You can read about it at the following site although I would urge you to seek advice from a lawyer as soon as possible. Most offer low cost/free initial consultations. Remember NO ONE has the right to lay a hand on you.

http://www.lpitr.state.sc.us/code/t20c003.htm

Good luck

 

[bigeyes]

Maryp, thanks for the reply. Yeah I meant annulment but the information you sent me on divorce is going to be helpful. My friend was wondering if she could get an annulment because now she really sees the error of her ways. She is still young and didn't know what she was getting into with this man.

Thanks again

 

[maryp]

Check on this site:

http://www.lpitr.state.sc.us/code/t20c001.htm

It outlines your States marriage laws. Unfortunately I can't find reference to "sees the error of her ways" as being a reason for getting an annulment but I may have missed something so please read it for yourself.

You mention that your friend is still young but I'm assuming she had reached the minimum legal age when she married - 16 years and there was a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage.

Changing your mind isn't reason enough to have a marriage annulled - a lot of us would fit into that category! A lawyer is the best person to sort this out and as I mentioned in my earlier response, a lot do low or zero cost initial consultations.