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    Speak Up! - View Question #19166


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    Question:

    If we haven't been married long, can we just get an annulment?



    Answer:

    No.  In South Carolina, annulments are only issued in cases where the marriage was defective in the first place.  So, if your marriage was done correctly, then you would need to go through a divorce.  In order to get a divorce, you would have to allege one of the 5 grounds for divorce: (1) adultery; (2) abandonment (if you spouse left and has been gone for at least one year); (3) physical abuse; (4) habitual drunkenness; or (5) one year separation.  SC Code 20-3-10.  If you cannot prove any of the 5 grounds, you would have to wait until you and your spouse have lived separate and apart for at least one year without any attempts at reconciliation. 


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