Legal Separation and Annulment in South Carolina
Whether South Carolina offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: South Carolina's divorce statutes provide for an action for separate support and maintenance rather than a divorce. S.C. Code 20-3-130(A), (B)(5); 20-3-60
| Legal separation | South Carolina's divorce statutes provide for an action for separate support and maintenance rather than a divorce. The court may award separate maintenance and support to be paid periodically while the spouses live apart, ending on continued cohabitation, divorce or death. |
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| Annulment | The court may decide any issue about the validity of a marriage. A marriage that was never consummated by the parties living together may be declared void for lack of consent or any other cause showing there was no valid contract. Marriages are void if either party already had a living spouse (with exceptions for a spouse absent five years and unknown to be living), if either party was under 16, or if the parties are within the prohibited family relationships; mentally incompetent persons may not lawfully marry. |
Where to get help in South Carolina
More South Carolina divorce & family law
- Getting a Marriage License in South Carolina
- Adopting a Child in South Carolina
- Guardianship of a Child or Adult in South Carolina
- Establishing Paternity in South Carolina
- Changing Your Name in South Carolina
- Child Custody Laws in South Carolina
- How Child Support Is Calculated in South Carolina
- Divorce Records in South Carolina
- Alimony and Spousal Support in South Carolina
- How to File for Divorce in South Carolina
- All South Carolina divorce & family law rules
FAQ
Can you get a legal separation in South Carolina?
South Carolina's divorce statutes provide for an action for separate support and maintenance rather than a divorce. The court may award separate maintenance and support to be paid periodically while the spouses live apart, ending on continued cohabitation, divorce or death.
What are the grounds for annulment in South Carolina?
The court may decide any issue about the validity of a marriage. A marriage that was never consummated by the parties living together may be declared void for lack of consent or any other cause showing there was no valid contract. Marriages are void if either party already had a living spouse (with exceptions for a spouse absent five years and unknown to be living), if either party was under 16, or if the parties are within the prohibited family relationships; mentally incompetent persons may not lawfully marry.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.