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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I LIVE IN COLUMBIA SC IN RICHLAND COUNTY. I GOT MARRIED OUT

Customer Question

I LIVE IN COLUMBIA SC IN RICHLAND COUNTY. I GOT MARRIED OUT OF STUPIDITY SEPTEMBER 1, 2015. WE BOTH AGREED THAT IT SHOULD NOT HAVE HAPPENED. WE NEVER LIVED TOGETHER AND NEVER EVEN HAD SEX. WHAT EXACT FORMS WOULD BE NECESSARY TO FILE IN RICHLAND COUNTY FAMILY COURT.................I WAS TOLD THAT IT WOULD BE THE PETITION FOR ANNULMENT AND FAMILY COURT TOLD ME VIA THE PHONE THAT I ALSO NEED A SUMMONS AND COMPLAINT FORM IN ADDITION TO A FAMILY COURT COVER LETTER. A PARALEGAL ALTHOUGH NOT AN ATTORNEY TOLD ME ALL I NEED IS THE ACTUAL PETITION. PLEASE CLEAR THIS UP FOR ME.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

There are no "forms" you can file for a SC Annulment. You will need to draft them or have them drafted by a local attorney and then you can file them and represent yourself in court.

The Complaint is going to be similar to the following And you can use this as a guide. Once you complete this, you will take it to the Clerk of the Court where the Defendant lives and file it. The clerk will provide the Summons and you will attach it to a copy of this Petition and have a process server serve it onto the other party. Once that happens, if she does not respond within 30 days then you go back to the clerk and request to file a Motion for a Hearing. You appear and tell the court that the statements are true and correct. You also can have the other party provide you with an Affidavit agreeing to the the Petition and it should be signed in front of a Notary.

IN THE CIRCUIT COURT FOR _______________ COUNTY SOUTH CAROLINA

IN RE: The Marriage of CASE NO: ______________________

_______________________________, Plaintiff and _______________________________, Defendant PETITION FOR ANNULMENT OF MARRIAGE Plaintiff, _____________________________, petitions for an annulment of the marriage between Plaintiff and Defendant, _______________________________, and states as follows:

1. Plaintiff is a resident of South Carolina , and defendant is a resident of ________________________.

2. Both parties are over the age of eighteen.

3. On __________________________, Plaintiff and Defendant were purportedly married to each other in a ceremony performed in ________________________________

. 4. (Select one of the following that applies to your circumstances) ( ) Plaintiff and Defendant separated immediately after the ceremony and never lived together as husband and wife or consummated the purported marriage in any manner.

( ) Plaintiff an Defendant lived together as husband and wife until the Plaintiff discovered the matters set forth below, at which time the Plaintiff separated from the Defendant and has lived separate and apart ever since.

( ) ________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

5. ( Select one of the following that applies to your circumstances)

( ) The purported marriage is invalid due to the fact that the Plaintiff discovered that the Defendant had concealed his true identity from the Plaintiff before and after the parties’ marriage.

( ) The purported marriage is invalid because the Defendant was legally married to a third party at the time the Plaintiff and Defendant were married to each other in the above referenced ceremony.

( ) The purported marriage is invalid because the Defendant has stated that he/she will not live with the Plaintiff as a spouse, and that he/she will not honor the marriage vows or consummate the marriage.

( ) ________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

6. No children were born of the purported marriage.

7. The Plaintiff is not pregnant.

8. There are no marital assets or marital debts to be divided. For these reasons, Plaintiff request that:

1. The purported marriage between the plaintiff and defendant be declared null and void and that a final judgment of annulment be entered in this cause.

2. The plaintiff’s name restored to __________________________________________.

3. The Court grant other and further relief as deemed proper and just.

I DECLARE UNDER PENALTY OF PERJURY, under the law of the State of Florida, that the facts stated in this Petition are true and correct.

Dated: _________________________ ________________________________

Signature of Affiant ________________________________

Printed Name of Affiant ________________________________

Street Address of Affiant ________________________________

City, State, Zip of Affiant ________________________________

Area Code & Phone #

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