There is more than one way to end a marriage. Generally, a married couple must seek a divorce to end the legally binding marriage contract between them. There are, however, instances when a marriage can be annulled, which – for legal purposes – means it never happened in the first place. Finally, some couples choose to go their separate ways by simply living separately, which doesn’t end the marriage and can lead to a more complicated divorce in the event it comes to that. The right approach for you will depend on your circumstances and your intentions, and because the legalities are complex and your rights hang in the balance, you shouldn’t proceed without an experienced South Carolina divorce attorney backing you up.
Divorce
When you obtain a divorce, you terminate the legal contract that identifies you as a married couple. At this point, you’re no longer legally bound to one another. In the process, however, you’ll need to negotiate the terms of divorce – or will need the court to resolve them on your behalf – including, as applicable:
- The equitable – or fair – division of your marital property as offset by your marital debt
- Child custody arrangements
- Child support
- Alimony
The vast majority of divorces in South Carolina are no fault, which means neither spouse is required to prove that the other engaged in wrongdoing.
Legal Separation
While you and your spouse can certainly live separately and may not think of yourselves as married anymore, the fact is that the State of South Carolina doesn’t recognize or issue legal separations. This means that until you are divorced or your marriage is annulled, you are married.
This can have significant consequences in terms of your finances because any assets or debts that either of you accumulate while you are living separately are considered marital and will need to be addressed in the division of your marital property. Further, if either of you enters a new romantic relationship during your separation, it’s considered adultery, which could support a fault-based divorce that skews the divorce terms in the other spouse’s favor.
Annulment
Like divorce, annulment ends the marriage, but it goes further than that. The requirements for annulment are exacting, but when they apply, the marriage itself is invalidated – rather than ended. This means that, for all practical purposes, the marriage didn’t happen. Annulments are based on the marriage not being valid, to begin with, and some of the most common grounds for annulment in South Carolina include:
- One spouse was under duress
- One spouse committed fraud on the other
- One spouse was already married
- The spouses are closer blood relatives than first cousins
- One spouse lacked the capacity to consent
- One or both spouses were underage
Discuss Your Case with an Experienced South Carolina Divorce Attorney Today
The formidable South Carolina divorce attorneys at Query Sautter & Associates have a wealth of experience helping clients like you successfully navigate the path forward toward ending their marriages with their rights intact – whatever that means for them given the unique circumstances involved. Learn more by contacting us online or calling us at 843-795-9500 today.