By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 30, 2023
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When is a marriage not a marriage? When it was never a marriage in the first place. Getting a civil annulment means the marriage never existed, whether it was void for being a prohibited marriage or was just never consummated. This is distinct from a divorce, where the marriage existed and the property must be divided according to state laws for divorce. Prohibited marriages are marriages that are void or invalid because the parties can't get married under South Carolina law. Read on to learn more about annulment and prohibited marriages in South Carolina.
The following table outlines the laws in South Carolina that are related to civil annulments and prohibited marriages.
Grounds for Annulment |
If the marriage was invalid, then a person has a reason or grounds for an annulment. The marriage could be invalid because:
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|---|---|
Time Limits for Obtaining Annulment |
As long as the requirements of an annulment are met, there's no statute of limitations (time limit) for filing an annulment. |
Legitimacy of Children |
Two people who enter into a bigamous marriage in good faith have legitimate children. Under these circumstances, good faith is defined as the parties not realizing that their marriage was bigamous and therefore void. |
Prohibited Marriage |
South Carolina prohibits several different types of marriages. Examples of marriages that are prohibited by law in the state are as follows:
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Same-Sex Marriage |
|
Cousin Marriage |
In South Carolina, first cousins can marry with no restrictions. |
Common Law Marriage |
As a result of a case called Stone v. Thompson, South Carolina abolished common law marriages. For more information about common law marriages, consider reviewing FindLaw's |
If you want to get an annulment, divorce, or are curious about the validity of your marriage, including common law marriage possibilities, you should consult with an experienced South Carolina family law attorney.
Note: As state laws change frequently, it's important to confirm the accuracy of the laws you are researching by either conducting your own research or contacting an attorney.
Consider reviewing the following resources for more information about laws in South Carolina, including those related to civil annulments and prohibited marriages:
If you're considering a civil annulment or are in a marriage that is legally invalid, consider contacting a qualified family law attorney near you. They can assist you with all legal matters related to civil annulments and legally invalid marriages.
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