If I got married 4months ago and my husband and I have never consummated the marriage at his choosing, can I get an annullment?

He has recently decided to move out because he feels he cant find a new job here in SC, so basically just left. Can this marriage be annulled? Married 3 months and never had sex just because he hasn’t wanted to with no real reason. Against any form of counseling.

Asked on July 10, 2012 under Family Law, South Carolina


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

South Carolina Code Laws Section 20-1-530 states that a court can declare a marriage invalid if the marriage "has not been consummated by the cohabitation of the parties." In practical terms this means that an annulment will only be granted if the married couple did not have sexual relations and did not continue to live together, despite having gone through a marriage ceremony.

Unlike many other states, South Carolina does not have a statute of limitations for annulments....so it doesn't matter how long you have been married.  You should go to a local divorce attorney or look to a self-help center at the courthouse and file for an annulment.

Best of luck.

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