South Carolina courts annul marriages that were never valid in the first place, but living together after the ceremony can cost you the chance. Here's how the process works.
In South Carolina, you can get an annulment only if your marriage was never legally valid. Some marriages, such as bigamous or incestuous ones, are void from the moment of the ceremony. Others might qualify for annulment in cases of fraud or duress, but only if you and your spouse haven't lived together since the wedding. Either spouse can file a complaint for annulment in family court; whoever files has to prove the grounds at a hearing.
Annulment isn't the same as divorce. A divorce ends a valid marriage, while an annulment means the marriage was never valid to begin with. Read on to see who qualifies for an annulment in South Carolina, what happens next, and how the process works.
What Are the Grounds for an Annulment in South Carolina?
South Carolina presumes marriages are valid, so courts don't grant annulments lightly. If you want an annulment, you'll need to prove that your marriage fits one of the following legal grounds:
- bigamy (one spouse was already married to someone else)
- incest (the spouses are too closely related)
- underage marriage (see below)
- mental incapacity (a spouse lacked the mental competence to make a contract)
- fraud about something essential to the marriage
- duress (threats or violence that overcame a spouse's free will), or
- lack of consent (only if the couple never lived together after the ceremony).
(S.C. Code §§ 20-1-10, 20-1-80, 20-1-100, 20-1-530 (2026).)
Exceptions for Bigamy and Underage Marriage
South Carolina law makes exceptions for certain grounds. Bigamy and underage marriage, in particular, have details that could affect your chances of getting an annulment:
- Bigamy. A marriage is bigamous only if one party is still legally married to someone else. If the previous marriage has ended, or if the prior spouse has been missing for five years without any sign of being alive, the new marriage is not considered bigamous. (S.C. Code § 20-1-80 (2026).)
- Underage marriage. While marriage below 16 is barred outright, a 16- or 17-year-old living with a parent or guardian can marry with that adult's sworn consent. (S.C. Code § 20-1-250 (2026).)
How South Carolina Courts Define Fraud and Duress
Courts have included fraud and duress as reasons for annulment under Section 20-1-530, but the bar is high. Fraud must involve something essential to the marriage itself; lies about character, social standing, or wealth aren't enough. (Jakar v. Jakar, 113 S.C. 295 (1920).) And duress means threats or violence serious enough to inspire real fear of bodily harm. If a spouse has a chance to walk away and goes ahead anyway, the court won’t grant an annulment. (Phipps v. Phipps, 216 S.C. 248 (1950).)
Why Living Together Can Block a South Carolina Annulment
One of the biggest hurdles to getting an annulment in South Carolina is the cohabitation rule. Courts can void a marriage contract for lack of consent or a similar problem only if the couple never lived together. South Carolina courts say cohabitation means living in the same house, whether or not you had sex, so even a short stay under one roof can block an annulment based on fraud or duress. (S.C. Code § 20-1-530 (2026); E.D.M. v. T.A.M., 307 S.C. 471 (1992).)
But living together doesn't make a void marriage valid. Bigamous, incestuous, and underage marriages are invalid no matter how long the couple lived together.
What Happens After a South Carolina Annulment?
An annulment means you and your spouse were never legally married, so you both go back to being single. There's no waiting period, so you can remarry right away if you want to.
South Carolina courts have held that a judge can fairly divide property the couple built up together. The court's authority in an annulment covers the same issues it would in a divorce. (Splawn v. Splawn, 311 S.C. 423 (1993); Rodman v. Rodman, 361 S.C. 291 (Ct. App. 2004).)
Because an annulment means there was never a valid marriage, ongoing alimony usually isn't available. But if the court annuls your marriage because your spouse committed fraud, the judge can order them to pay support. (S.C. Code § 20-3-135 (2026).)
Unlike some states, South Carolina doesn't bar an annulment just because you have children. For example, if your marriage was void because your spouse was already married to someone else, and you entered it in good faith, your children are treated as legitimate and have the same legal rights as any other child. (S.C. Code § 20-1-90 (2026).) When granting an annulment, the family court can also address custody, visitation, and child support.
How Do I Get an Annulment in South Carolina?
In South Carolina, family courts handle annulment requests. (S.C. Code § 63-3-530(A)(6) (2026).) To proceed, you must:
- File a petition. File in your local family court, usually in the county where your spouse lives. Your request should state your grounds and include supporting facts. If you need temporary support for yourself or any children from the marriage, ask for that too.
- Notify your spouse. After filing, you must deliver ("serve") the complaint on your spouse. If you can’t find them, you might be able to publish a legal notice in a newspaper. For spouses serving in the military or naval service overseas, you usually can’t proceed with the annulment until they have been back for at least three months, unless they consent. (S.C. Code §§ 20-1-550, 20-1-560 (2026).)
- Attend your hearing. The court will schedule a hearing. Remember, you’ll need to show the judge that your marriage qualifies for an annulment, so come prepared to present your case clearly and thoroughly.
South Carolina's residency requirements apply only to divorce. (S.C. Code § 20-3-30 (2026).) However, the family court still needs to see a real connection to the state, so consult a lawyer (see below) if you or your spouse just moved to South Carolina.
Where to Find Annulment Forms and Legal Help in South Carolina
South Carolina doesn't publish a statewide annulment packet. Talk to a lawyer or ask the clerk of the family court in your county what that court requires.
South Carolina Legal Services offers free help if you qualify, plus easy-to-understand legal information. You might also want to talk to a local family law attorney.
