Annulment in South Carolina: How It Differs From Divorce

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

A divorce ends a valid marriage. An annulment is a court decision that a marriage was never valid in the first place, because of a problem that existed when the couple married. In South Carolina, annulments are handled by the family court and are available only in limited situations, such as bigamy, a spouse who was underage without the required consent, lack of capacity, or a marriage that was never consummated where the couple did not live together.

Annulment vs. divorce at a glance

Void and voidable marriages

Lawyers often sort invalid marriages into two groups:

• Void marriages are invalid from the start, no matter what the spouses want. A bigamous marriage is the main example.
• Voidable marriages have a defect that can make them invalid if a spouse asks the court to annul them, such as a problem with consent.

Even when a marriage is void, it is usually wise to get a court order saying so. An order gives you a clear public record, which matters for remarrying, benefits, property and estate questions later.

Common situations where annulment may apply

South Carolina law, found mainly in Title 20, Chapter 1 of the S.C. Code and in court decisions, allows annulment in a limited set of situations. The most common include:

Bigamy

A marriage entered into while either spouse was still legally married to someone else is void. For example, a spouse who learns that their partner never finalized a prior divorce may be in a void marriage. The statute has narrow exceptions, such as a spouse who had been absent for five years and was not known to be living.

Underage marriage

A marriage involving a person below the legal age to marry, or a minor who married without the consent the law requires, may be void or subject to annulment depending on the person’s age and the circumstances.

Lack of capacity or consent

If a spouse could not legally consent at the time of the marriage, for example because of a serious mental incapacity, the marriage may be annulled. South Carolina law also allows a court to declare a marriage void for lack of consent, or for another reason showing there was never a real marriage contract, when the marriage was not consummated by the couple living together.

Marriage not consummated, and no cohabitation

This is the situation most people have in mind when they think of a “quick” annulment. Courts have granted annulments where the marriage was never consummated and the parties did not live together after the ceremony. Once a couple has lived together as spouses, this route is generally no longer available, and a divorce is usually needed.

What annulment is not

• It is not based on how long the marriage lasted. A short marriage is not automatically eligible. Many short marriages still require a divorce. See Divorce After a Short Marriage in South Carolina.
• It is not a fix for regret. Changing your mind, incompatibility or a quick falling-out are not grounds for annulment.
• It is not the same as a religious annulment. A church or religious body may grant its own annulment under its own rules. That has no effect on your legal marital status. A civil annulment or divorce from the family court is still needed, and a civil annulment does not create a religious one.

The annulment process

An annulment is a lawsuit in family court, much like a divorce. In general terms:

1. The spouse seeking the annulment files a summons and complaint explaining the facts that make the marriage invalid.
2. The other spouse is served and has a chance to respond.
3. The court holds a hearing. The person seeking the annulment must present evidence supporting it, such as testimony, records of a prior marriage or proof that the couple never lived together.
4. If the judge agrees, the court issues an order declaring the marriage void or annulled.

Special service rules can apply in annulment cases, and the right court and county can depend on where the marriage took place and where the spouses live. Ask a lawyer about these procedural details before filing. The South Carolina Judicial Branch’s family court pages have general information about filing.

What happens to the children?

An annulment does not leave children without protection. The family court can decide custody, visitation and child support just as it would in a divorce, based on the child’s best interest. South Carolina law also protects the legitimacy of children born of a bigamous marriage when one spouse entered the marriage in good faith, not knowing of the other’s prior marriage. Learn more on our child custody and child support pages.

What happens to property and support?

This is where annulment and divorce can differ the most. In a divorce, South Carolina’s equitable apportionment rules and alimony statutes apply to a valid marriage. When a marriage is declared void, how property, debts and support are handled can depend on the type of defect and the facts of the case. If you and your partner acquired property together, have joint debts, or one of you depended on the other financially, get legal advice before choosing between annulment and divorce.

Annulment, common-law marriage and invalid ceremonies

Some people are unsure whether they were ever legally married at all. For example, a couple may have had a ceremony without a license, or may have lived together for years. South Carolina abolished new common-law marriages in 2019, but common-law marriages formed before July 24, 2019 are still valid and need a divorce to end. Read Do You Need a Divorce to End a Common-Law Marriage in South Carolina?

Should you seek an annulment or a divorce?

Questions to ask yourself and your lawyer:

• Did the problem exist on the day of the wedding?
• Can you prove it with records or witnesses?
• Did you live together as spouses after you learned of the problem?
• Are there children, property or debts that need to be addressed?
• Would a divorce on one of the five statutory grounds in S.C. Code § 20-3-10 be simpler or give you more predictable results?

Sometimes a divorce is the more practical path even when annulment is possible. For an overview of divorce in South Carolina, visit the South Carolina Divorce Guide.

Frequently Asked Questions

What is the difference between annulment and divorce in South Carolina?

A divorce ends a valid marriage. An annulment declares that the marriage was never valid because of a defect that existed when the couple married, such as bigamy or lack of capacity.

Can I get an annulment because our marriage was short?

Not on that basis alone. Length of marriage is not a ground for annulment. Annulment requires a legal defect, such as a marriage that was never consummated where the couple did not live together.

Do I need a court order if my marriage was void?

It is usually wise. A court order creates a clear record that the marriage was invalid, which can matter for remarriage, benefits and property.

What happens to children if a marriage is annulled?

The family court can still decide custody, visitation and child support based on the child’s best interest.

Does a church annulment end a legal marriage?

No. A religious annulment has no effect on your legal status. You need a civil annulment or divorce from the family court.

Sources

• S.C. Code Title 20, Chapter 1 (Marriage)
• S.C. Code Title 20, Chapter 3 (Divorce, alimony and property)
• South Carolina Judicial Branch: Family Court