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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33708
Experience:  Attorney with 15 years experience
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I got married in July of 2015, l had an ongoing affair

Customer Question

I got married in July of 2015, l had an ongoing affair before getting married. I was a emotional wreck at that time. I tried calling the marriage off when I came forward. But he pressured me into marrying him still after I confess my feeling towards someone else. Can this be grounds for annulment
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Under South Carolina law it requires a legal ground for your marriage to be annulled. To have your marriage annulled you will need to prove one of the following grounds:

  • Duress – one spouse coerced the other to get married
  • Fraud – one spouse lied about something essential to the marriage (for example, hiding insanity or impotence)
  • Bigamy – one spouse has a living husband or wife at the time of marriage
  • Incest – the spouses are more closely related than first cousins
  • Mental incompetence – one spouse is mentally disabled to the point they can’t consent to the marriage
  • Underage – one or both spouses are under 16
  • No cohabitation – the spouses never lived together

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So in your situation, even though you might think it was "duress", under the law there must be actual threats or violence so as to make the person afraid of bodily harm. Merely pressuring someone into marrying wouldn't meet the legal definition of duress.

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With that said, I would have to opine that you would be forced to divorce if you wanted to end the marriage legally.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister