Statute of Limitations for Annulment of Marriage in South Carolina
Compared to divorce, annulment is considered to be a rare way to end a marriage. In South Carolina, this is no different. However, although divorce statistics are on the rise, many people who qualify every year opt to have their marriage annulled instead of going through a costly divorce.
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Annulment
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An annulment in regards to marriage is the process of eliminating, or declaring void or invalid, the contractual marriage agreement that the couple entered into when they were married. Often annulments are entered into by qualifying parties (the couple) as an alternative to what can be a costly divorce. So when couples file for an annulment, they are looking for a ruling that states that the marriage was never valid.
Annulment Laws by State
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Just like marriage and divorce laws, annulment laws are governed by the state. Each state has a different set of requirements that must be met before an annulment can be honored. Each state has different reasons that a person can file for an annulment. These reasons can include: one partner failed to disclose a previous criminal record, a partner is unwilling to consummate the marriage, or one partner was married and/or divorced previously and the spouse was unaware of the circumstances. Each state also may place a statute of limitations on when the annulment can be filed.
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Statute of Limitations in South Carolina
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As of June 2010, South Carolina had no statute of limitations on filing for an annulment. Qualifying marriages can file for annulment regardless of how long the couple has been married.
Qualifying Marriages in South Carolina
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In South Carolina, in order to be considered a qualifying marriage for annulment, you must not have consummated the marriage. There are no other qualifications that will allow a marriage to be declared invalid.
Prohibited Marriages
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In many cases, prohibited marriages take the place of annulments. Contracts that are not valid, and do not have to be declared invalid (by annulment) through the state of South Carolina, are known as prohibited marriages. Prohibited marriages include: same-sex marriages, marriages to the mentally ill, cases of incest and cases of bigamy.
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References
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