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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23399
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Need an annulment from my wife immediately

Customer Question

need an annulment from my wife immediately
Submitted: 3 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 3 months ago.

Good morning. What State do you reside in and what is the basis for the annulment?

Customer: replied 3 months ago.
Florence .SC
Customer: replied 3 months ago.
we got married on october 1st 2015 and after that we never been together ,and we never in a relationship .i need a annulment
Expert:  FamilyAnswer replied 3 months ago.

South Carolina 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
  • In South Carolina, you should file a “Complaint for Annulment” in the circuit family court for the county where your spouse lives. The spouse filing for annulment is listed in the complaint as the “plaintiff,” and the other spouse is the “defendant.” The plaintiff needs to have lived in South Carolina for at least a year. Check with the clerk of the circuit family court for your county to see if they have a sample complaint for annulment that you can use.
  • Your complaint for annulment should list the date of your marriage and the city, county and state where you were married. You will need to give the county where you live and where your spouse lives. The complaint should also list the names and birthdates of any children born during the marriage. State the legal ground that makes your marriage eligible to be annulled. If you want the court to decide custody, child support, visitation, alimony or property division, you should state that in your complaint as well.

    After you file your complaint with your circuit family court, you’ll have to serve a copy of the complaint on your spouse. The clerk at your circuit family court can tell you how to serve your spouse. It’s possible to serve your spouse even if you can’t find them or they live out of state.

    Your circuit family court will hold a hearing where you’ll have to prove the legal grounds for your annulment. Bring any evidence that supports your legal grounds with you to the hearing. If the judge believes you’ve proven your case, the judge will grant your annulment.

Expert:  FamilyAnswer replied 3 months ago.

I just wanted to follow up and see if there is anything else I can sewer or clarify. I am here to help so please just let me know.

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