Rock Hill Annulment Attorneys
Helping Clients in South Carolina & North Carolina
Annulments are often misunderstood. Many people believe that an annulment is a religious process that can only be obtained if the marriage was never consummated. In reality, an annulment is a legal process that can be obtained for a variety of reasons. If you are considering an annulment, it is important to speak with an experienced family law attorney to learn more about your options.
At Gillen & Pickelsimer, we have extensive experience handling annulments and other family law matters. We understand the complexities of the law and will work diligently to protect your rights. Our lawyers will take the time to understand your unique situation and develop a strategy that is tailored to your needs. We are committed to providing you with the effective representation you deserve.
Contact our firm today at (866) 977-5251 to schedule a consultation with our annulment lawyers in Rock Hill.
What Is an Annulment?
An annulment is a legal process that declares a marriage null and void. In other words, an annulment is a legal declaration that the marriage was never valid. Unlike a divorce, which is the legal process of ending a valid marriage, an annulment is a legal process that declares the marriage was never valid in the first place.
When a marriage is annulled, it is as if the marriage never happened. The parties are not considered to have ever been married, and they do not have the same rights and obligations as a married couple. For example, if a marriage is annulled, the parties do not have the right to inherit from each other, and they do not have the right to receive spousal support.
It is important to note that an annulment is not the same as a religious annulment. A religious annulment is a process that is recognized by a church or religious institution. It is a declaration that the marriage was never valid in the eyes of the church. A religious annulment does not have any legal effect, and it does not end the marriage.
What Are the Grounds for Annulment in South Carolina?
In South Carolina, there are several grounds for annulment. The grounds for annulment are set forth in South Carolina Code Section 20-1-530. The grounds for annulment include:
- One of the parties was already married at the time of the marriage;
- The parties are too closely related to be married;
- One of the parties was under the age of consent at the time of the marriage;
- One of the parties was mentally incompetent at the time of the marriage;
- One of the parties was physically impotent at the time of the marriage;
- One of the parties was fraudulently induced to enter into the marriage;
- One of the parties entered into the marriage under duress;
- One of the parties entered into the marriage as a jest or dare;
- One of the parties entered into the marriage as part of a fraudulent scheme; or
- One of the parties entered into the marriage with the intent to abandon the other party.
It is important to note that there are strict time limits for obtaining an annulment in South Carolina. In most cases, an annulment must be obtained within one year of the marriage. If the annulment is not obtained within one year, the parties must obtain a divorce to end the marriage.
How to Get an Annulment
The process for obtaining an annulment is similar to the process for obtaining a divorce. The process begins by filing a petition with the court. The petition must be filed in the county where the parties reside. The petition must include the grounds for annulment and any other relevant information.
After the petition is filed, the other party must be served with a copy of the petition. The other party then has a certain amount of time to respond to the petition. If the other party does not respond, the court may enter a default judgment.
If the other party does respond, the court will schedule a hearing. At the hearing, the court will hear evidence and decide whether to grant the annulment. If the court grants the annulment, it will issue an order declaring the marriage null and void.
How Long Does an Annulment Take?
The length of time it takes to obtain an annulment depends on a variety of factors, including the complexity of the case and the court’s schedule. In general, an annulment can take anywhere from a few weeks to several months to complete. If the other party contests the annulment, it can take even longer.
Can I Get an Annulment If I Have Children?
Yes, you can get an annulment if you have children. However, an annulment does not determine child custody, child support, or visitation. If you have children, you will need to file a separate action to determine these issues.
Contact our firm today at (866) 977-5251 to schedule a consultation with our annulment lawyers in Rock Hill.
