The Difference Between Annulment and Divorce in Greenville, South Carolina

When it comes to ending a marriage, couples have two options: divorce and annulment. For most couples, divorce will be the only option on the table. However, for some, annulment may be an option. What is the difference between a divorce and an annulment? Who qualifies for an annulment? And should you seek an annulment if you qualify in all cases? Every case is unique. The Hayes Law Firm Upstate Attorneys, LLC, are divorce attorneys in Greenville, South Carolina who may be able to assist you if you have questions about how to end your marriage.

The major difference between an annulment and divorce is that with an annulment the marriage will have been found to have not been valid in the first place. Because, legally, no marriage took place, there will be no marital property to divide, no debts to split, and no shared assets. However, with a divorce, though the marriage is ending, the marriage is still considered valid. This means that the court will recognize the existence of marital property, assets, and shared debts. In order to seek an annulment, a couple must show that the marriage was not valid. This is a high burden of proof. For a divorce, the couple only needs to assert that the marriage is irretrievably broken. The Hayes Law Firm Upstate Attorneys, LLC, are divorce lawyers in Greenville, South Carolina who can assist you if you have questions about the best course of action when it comes to ending your marriage.

When Can I Seek An Annulment in Greenville, South Carolina?

When can you seek an annulment in Greenville, South Carolina? Basically, you’ll need to show that the marriage technically never should have existed. This can be shown by revealing that your marriage was not legal because another marriage existed, or it can be shown by proving fraud or the mental incapacity of one or both parties. Here are some situations where an annulment may be possible:

• Under 18 When Married. If you and your partner were under 18 years of age when you were married, you may be able to seek an annulment. However, if you both continued to live together while married after you came of age, the courts could consider your marriage legal and valid.
• Married to More Than One Person. It is not legal to be married to more than one person. Sometimes individuals marry twice without realizing it. For example, if there was a clerical error in the filing of your divorce, or if you were divorced in another country, but the documentation cannot be found, or if there was some other confusion regarding a former marriage, your current marriage may need to be annulled so that you can address legal issues with the first marriage.
• Were you lied to by your partner before you got married? Did you learn about your partner’s children, illness, inability to have children, debts, incarceration, or legal trouble only after you tied the knot. You might be able to claim that your marriage was fraudulent and may be able to seek an annulment on these grounds.
• If you learn you were related to your partner, an annulment may be possible.
• Mental Incapacity. If you or your partner were in some way mentally incapacitated when you got married, you may be able to get your marriage annulled. For example, if you had a wild night, got drunk or intoxicated, and woke up married, you may be able to show that you were not aware of what you were doing when you got married. Some individuals suffer from mental illnesses that can result in their mental incapacity. If you can show that you were in a state of psychosis, mania, or suffer from some other mental incapacitation, you may be able to get your marriage annulled.
• There might be other situations where a marriage can be annulled. If you have questions about your rights and options under the law, consider speaking to the Hayes Law Firm Upstate Attorneys, LLC, in Greenville, South Carolina today. Our lawyers can help you understand the implications of seeking an annulment over divorce. In some cases, even if you qualify for an annulment, a divorce may still be your best course of action.

Seeking an Annulment in Greenville, South Carolina?

Seeking an annulment in Greenville, South Carolina? If you are looking to cancel your marriage, it is important to understand that doing so means you won’t be able to claim marital property, shared debts, or be able to claim alimony. However, if you have children, you’ll still be able to seek child support, custody rights, and visitation. Not sure whether you should file for divorce or seek an annulment? Reach out to the Hayes Law Firm Upstate Attorneys, LLC, in Greenville, South Carolina today. Our lawyers can help you understand the benefits and drawbacks of each, and the requirements you may need to meet.