Can I get an annulment if we have never lived together?

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Can I get an annulment if we have never lived together?

He lives with his mother.

Asked on March 9, 2012 under Family Law, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here are the grounds for annulment in South Carolina.  Please note that it is harder to get an annulment than a divorce.

Underage Marriage: If either you or your spouse were younger than the age allowed for marriage in South Carolina and you did not obtain the required parental permissions.

Fraud: A marriage that has occurred under fraudulent terms can be annulled in South Carolina.


Bigamy: If you were maried to another at the time you married your spouse. The marriage is void.

Mental Incapacity: If you or your spouse were suffering from any type of legally recognized form of mental incapacitation at the time of the union the marriage contract would be void for lack of consent.

Failure to Consummate Marriage: If you or your spouse is unable to consummate the marriage, you may qualify for an annulment. Consummate and live together are different but if you have nnever done wither then you may be able to use this ground.

Duress: If the marriage was entered into under the threat of force.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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