Unlike a divorce, an annulment cancels the marriage. While divorce is a remedy to a valid marriage, an annulment is like pressing the “cancel” button. You can get an annulment when the marriage was never valid.

What are the grounds for an annulment?

In South Carolina, you must have a legal basis to prove your marriage was never valid in order to obtain an annulment.

  • No cohabitation – the spouses never lived together
  • Incest – spouses are too closely related
  • Bigamy – one spouse has a living spouse at the time of the marriage
  • Mental Incompetence – one spouse is mentally disabled and incapable of providing consent.
  • Underage – One of spouses is under sixteen years old
  • Fraud or duress – negating consent