South Carolina Annulment Laws: Grounds, Cohabitation and Filing

South Carolina handles annulment as a family court action: S.C. Code 63-3-530(A)(6) gives the family court exclusive jurisdiction "to hear and determine actions for the annulment of marriage." The core annulment statute, S.C. Code 20-1-530, lets the court declare a marriage void, but only if it "has not been consummated by the cohabitation of the parties," and the Supreme Court of South Carolina has applied that limit strictly.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment in South Carolina under S.C. Code Title 20, Chapter 1 (sections 20-1-10, 20-1-80, 20-1-90, 20-1-100, 20-1-250, 20-1-530 and 20-1-550), the family court jurisdiction statute 63-3-530, the support rule in 20-3-135, and the Supreme Court of South Carolina's decision in E.D.M. v. T.A.M. It does not cover filing deadlines, property division after an annulment, name changes, inheritance, or other states' law. For ending a valid marriage, see South Carolina divorce laws.

Can you get an annulment in South Carolina?

Yes, but the window is narrow. The main annulment statute is S.C. Code 20-1-530, titled "Declaration of invalidity":

"If any such contract has not been consummated by the cohabitation of the parties thereto the court may declare such contract void for want of consent of either of the contracting parties or for any other cause going to show that, at the time the supposed contract was made, it was not a contract."

Two things stand out. The problem must have existed when the marriage was made, and the marriage must not have been "consummated by the cohabitation of the parties." The case goes to the family court, which S.C. Code 63-3-530(A)(6) gives exclusive jurisdiction over "actions for the annulment of marriage."

The cohabitation rule: E.D.M. v. T.A.M.

The leading case is E.D.M. v. T.A.M., 307 S.C. 471 (1992). The Supreme Court of South Carolina read 20-1-530 this way:

"under 20-1-530, a party seeking an annulment on grounds other than legal incompetence to contract marriage must show (1) lack of legal consent or that the marriage was not a valid contract and (2) no cohabitation between the parties. ... Even a marriage contracted without legal consent becomes binding once there has been cohabitation between the parties."

In that case the court denied an annulment sought for fraud. The couple had lived together and shared a bed, with minimal sexual activity, and the court treated that as cohabitation that consummated the marriage. It found the husband had not proved the wife concealed a known incapacity, and it held that cohabitation would bar an annulment under 20-1-530 even if fraud were proved. It restated the rule of Jakar v. Jakar (1920) that misrepresentations about character, social standing or fortune are not sufficient, and it placed the burden on the party attacking the marriage.

In practice, once spouses have lived together as a married couple, the cohabitation requirement stands in the way of an annulment under 20-1-530, even if consent was flawed at the start. In a footnote the court explained that 20-1-530 does not apply, and cohabitation does not validate the marriage, where a spouse was legally incompetent to marry, giving bigamous and incestuous marriages as examples (citing Hughey v. Ray, 1945).

Void marriages under South Carolina statutes

South Carolina's statutes do not sort annulment grounds into "void" and "voidable" lists. Instead, a few sections declare particular marriages void or prohibited, and 20-1-530 covers other cases where there was no valid contract.

A few cautions on that table. Section 20-1-10 does not itself use the word "void"; it sets out who may and may not marry. The kinship list in 20-1-10(B) and (C) still contains wording that the code's own validity note flags as invalid under Obergefell v. Hodges. According to E.D.M.'s footnote, cohabitation does not validate a bigamous or incestuous marriage; this page does not cover how that applies to other marriages a statute declares void.

What about fraud?

No South Carolina statute on this page lists fraud as a ground. Section 20-3-135 assumes such a case can exist: it refers to "a marriage that would otherwise be lawful that is declared void ab initio by reason of fraud." The fraud ground itself comes from case law, and E.D.M. shows its limits: under Jakar, as restated in E.D.M., misrepresentations about character, social standing or fortune are not enough, and cohabitation after the marriage barred the claim. The husband in E.D.M. argued that Jakar allows fraud about "something essential to the marriage relation"; the court did not decide whether concealing a known sexual dysfunction would qualify.

Underage marriage in South Carolina

South Carolina's minimum marriage age is 16. Under S.C. Code 20-1-100, a marriage entered by a person under 16 is void ab initio; the code's history lists 1997 Act No. 95 and 2000 Act No. 397 (effective August 17, 2000).

For 16- and 17-year-olds, S.C. Code 20-1-250 governs the license; for an applicant living with a parent, relative or guardian, it requires a sworn consent affidavit. A former section, 20-1-300, which dealt with licenses for some applicants under 18, was "Repealed by 2019 Act No. 33, SECTION 1, eff May 13, 2019." South Carolina has not raised its floor to 18; it remains 16 under 20-1-100.

How to file for an annulment in South Carolina

You file in family court (S.C. Code 63-3-530(A)(6)). The South Carolina Judicial Branch's family court fee schedule lists a $150 filing fee for "Divorce, Annulment, and Separate Support and Maintenances Actions."

The Judicial Branch publishes general self-help resources and simple-divorce packets. Its divorce packets page lists form DHEC0682, the Report of Divorce or Annulment of Marriage. This page does not cover an annulment-specific forms packet; ask the family court clerk in your county what the court requires.

Service and out-of-state marriages: S.C. Code 20-1-550 provides for serving the complaint on the defendant "by publication as provided in Sections 15-9-710 and 15-9-740" in the situations it describes. Service by publication is also available under the same section when the marriage took place outside South Carolina and the plaintiff was a South Carolina resident at the time of the marriage or for at least one year before filing.

Residency: the divorce residency rule in S.C. Code 20-3-30 (one year, or three months if both spouses are residents) is worded for divorce. This page does not cover what residency the family court requires for an annulment; ask the clerk or a South Carolina lawyer before filing.

Deadlines: this page does not cover filing deadlines or whether a spouse's death affects an annulment claim. Because cohabitation can defeat a claim under 20-1-530, timing still matters in practice.

Children after an annulment

For bigamous marriages, S.C. Code 20-1-90 protects children:

"When either of the contracting parties to a marriage that is void under the provisions of Section 20-1-80 entered into the marriage contract in good faith ... and in ignorance of the incapacity of the other party, any children born of the marriage shall be deemed legitimate ..."

Section 20-1-90 speaks only to marriages void under 20-1-80. This page does not cover the status of children after an annulment on other grounds, or how custody and child support are set in an annulment case. For custody rules generally, see South Carolina child custody laws.

Spousal support and property after an annulment

Fraud does not let the deceiving spouse walk away from support. S.C. Code 20-3-135 provides:

"A marriage that would otherwise be lawful that is declared void ab initio by reason of fraud, does not relieve the party committing the fraud of the duty to provide spousal support that would have otherwise existed pursuant to Section 20-3-130."

The equitable apportionment statute, 20-3-620(A), is worded for divorce, separate support and maintenance, and other marital litigation. This page does not cover whether or how the family court divides property in an annulment, or name restoration after an annulment (the surname statute, 20-3-180, speaks of divorce and separate maintenance).

Good-faith spouses

Beyond 20-1-90 (children of a bigamous marriage) and 20-3-135 (support after a fraud annulment), this page does not cover protection for a spouse who married in good faith, sometimes called a putative spouse. A South Carolina lawyer can advise on a specific situation.

Annulment vs. divorce in South Carolina

A divorce ends a valid marriage; an annulment under 20-1-530 asks the court to declare that no valid marriage contract was ever formed. Because cohabitation can bar an annulment, a spouse whose marriage had a defect at the start may find that divorce is the available route. For divorce grounds and residency, see South Carolina divorce laws.

Church annulment is a separate process

A religious annulment and a court annulment are separate processes. A church decision does not by itself change a person's civil marital status; only a court order does that.

Disclaimer: This article provides general legal information about civil annulment under South Carolina law, including S.C. Code 20-1-530, 20-1-80, 20-1-100, 20-3-135 and 63-3-530, and the decision in E.D.M. v. T.A.M. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific marriage, consult a lawyer licensed in South Carolina or the South Carolina Judicial Branch's self-help resources.

Related

• Annulment laws in every state
• South Carolina divorce laws
• South Carolina common-law marriage
• South Carolina child custody laws
• South Carolina marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

What are the grounds for annulment in South Carolina?

S.C. Code 20-1-530 allows a declaration that a marriage is void for want of consent or any other cause showing there was no valid contract, if the marriage was not consummated by cohabitation. Separate statutes make bigamous marriages (20-1-80) and marriages of anyone under 16 (20-1-100) void.

Can you get an annulment in South Carolina after living together?

Cohabitation usually stands in the way. In E.D.M. v. T.A.M., 307 S.C. 471 (1992), the Supreme Court of South Carolina said that even a marriage contracted without legal consent becomes binding once there has been cohabitation, except where a spouse was legally incompetent to marry, which the court illustrated with bigamous and incestuous marriages.

Is fraud a ground for annulment in South Carolina?

S.C. Code 20-3-135 refers to marriages declared void ab initio by reason of fraud. Under Jakar v. Jakar (1920), as restated in E.D.M. v. T.A.M. (1992), misrepresentations about character, social standing or fortune are not enough; E.D.M. left open whether concealing a known sexual dysfunction would be, and held that the couple's cohabitation barred an annulment in any event.

Which court handles annulments in South Carolina?

The family court. S.C. Code 63-3-530(A)(6) gives it exclusive jurisdiction to hear and determine actions for the annulment of marriage, and the Judicial Branch lists a $150 filing fee.

Can I get alimony if my marriage is annulled for fraud in South Carolina?

Under S.C. Code 20-3-135, a marriage declared void ab initio by reason of fraud does not relieve the party who committed the fraud of the spousal support duty that would otherwise have existed under 20-3-130.

What is the minimum marriage age in South Carolina?

Sixteen. S.C. Code 20-1-100 makes any marriage, including a common-law marriage, entered by a person under 16 void ab initio.