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#181242 - 09/19/07 02:59 PM Am I intitled to an annulment in SC?
jeanniemac Offline
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Registered: 09/19/07
Posts: 1
I had been married for less the 6 months when my husband came home high on cocaine and tried to kill me. I did not know he was a drug addict or that he even used drugs. He was arrested that same night and has been in jail since awaiting his court date. I was awarded a restraining order to keep him from contacting & harassing me. I would like to get an annulment instead of a divorce. I want it to be as if the marriage never existed, is this possible in South Carolina?

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#181249 - 09/19/07 06:06 PM Re: Am I intitled to an annulment in SC? [Re: jeanniemac]
Sharon1964 Offline
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Registered: 09/01/07
Posts: 140
Loc: California
Grounds for annulment in South Carolina:

[b]Mental Incapacity[/b]: South Carolina annulment laws state that a mentally incapacitated person cannot enter into a marital contract. If your spouse has a mental illness, you can claim annulment under South Carolina annulment laws.

[b]Fraud:[/b] According to South Carolina annulment laws fraud is a legal annulment ground in South Carolina. If your spouse misrepresented him or herself or tricked you into marriage, you can obtain annulment in South Carolina.

[b]Underage Marriage[/b]: A marriage of spouses, younger than the set legal marriageable age, can be annulled under South Carolina annulment laws.

[b]Impotency[/b]: To get annulment on this ground constituted by South Carolina annulment laws, you have to show a medical proof of your spouse’s impotency.

[b]Duress[/b]: Marriage under duress means compelling or threatening someone into a married. This is a valid annulment ground according to South Carolina annulment laws.

[b]Venereal Disease (STD)[/b]: If your spouse is infected with a sexually transferable disease, you can obtain annulment in South Carolina.

Your other choices are at-fault and no-fault divorce, as follows:

[u]No-Fault Divorce Grounds in South Carolina[/u]
There is only one no-fault divorce ground in South Carolina, which is:
[b]Separation without Cohabitation[/b]: Separation is the most common divorce ground in South Carolina. After one year’s separation without cohabitation, both spouses can file for a divorce decree in a divorce court.

[u]Fault Divorce Grounds in South Carolina[/u]
Fault divorce grounds in South Carolina are:

[b]Adultery[/b]: Adultery is a fault divorce ground in South Carolina. If your spouse is having sexual relations with a paramour, you can get a divorce from him or her on this divorce ground.

[b]Desertion for One Year[/b]: Desertion by your spouse for one year or more is a ground for divorce in South Carolina. On this divorce ground in South Carolina, both you and your spouse can claim divorce.

[b]Habitual Drunkenness[/b]: If your spouse is a habitual drunkard or drug addict and you do not want to live with him or her, you can obtain divorce under this divorce ground in South Carolina.

[b]Physical Cruelty[/b]: Cruel treatment includes physical and mental torture or harassment. If you are bearing with any or all of these, you can get a divorce under this fault divorce ground in South Carolina.

Sharon
(not a lawyer and don't play one on tv)

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