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If any such contract has not been consummated by the cohabitation of the parties thereto the court may declare such contract void for want of consent of either of the contracting parties or for any other cause going to show that, at the time the supposed contract was made, it was not a contract.
Under South Carolina Code of Laws § 20-1-530, a party seeking an annulment on grounds other than legal incompetence to contract marriage must show (1) lack of legal consent or that the marriage was not a valid contract and (2) no cohabitation between the parties.
File a complaint: You'll need to file a ?Complaint for Annulment? with the South Carolina circuit family court within your spouse's residence. The complaint should state the grounds for annulment and all other matters you want the court to handle, such as child support, child custody, property distribution and alimony.
How Long Can You Be Married and Still Get an Annulment in South Carolina? There is no specific time limit to file for annulment in South Carolina. As long as you can prove that your marriage is not legally valid and is therefore eligible for annulment, the marriage can be voided no matter how long you were married.
These must be per the marriage annulment laws in South Carolina. To qualify, you must be able to prove insanity, fraud, mental incapacity, coercion, affiliation, or bigamy on the part of your spouse. You must be able to prove to the court that you got married without the proper intent.