There’s a reason why many couples prefer to wait awhile before tying the knot. When two people decide to get married on a whim, the results can often be disastrous, or at the very least, dissatisfying. Don’t be fooled by those romantic comedies where two lonely people meet, fall in love overnight, and then run off to Vegas to get hitched; unfortunately, in the real world, those instant love stories don’t tend to work out. Of course, sometimes it takes an actual mistake such as a spur of the moment marriage to make a person realize the importance of thinking before marching down the aisle. There are plenty of real-life scenarios where people’s impulsive actions end up costing them in the long run. In fact, one general misconception about impromptu marriages is that if they don’t happen to work out, then they can simply be annulled. The reality is that annulments are only applicable under certain circumstances, and while they do tend to be a faster option than divorce, they are not exactly quick and painless.
Rusty Applegate is a South Carolina attorney with extensive experience in family law. In his world, requests for annulments aren’t uncommon, but he often finds himself in the position of having to turn people down. The problem is that not all marital situations qualify for annulment over divorce. Contrary to popular belief, two people cannot simply appear in front of a judge, smile, say “oops,” and expect to walk away victorious on the annulment front. In South Carolina, there are actually some rather strict guidelines for granting annulments. While most situations have to be evaluated on a case by case basis, the following are some of the more common circumstances under which an annulment might be valid:
When one person is already married
If either member of a married couple is discovered to be previously or secretly married to someone else, then any subsequent marriage is actually voided by law.
When the marriage has not been consummated
A marriage can be annulled if there has been no consummation of the marriage as of the time of the annulment request. If the parties involved have not shared a bed together as man and wife (whether by choice or by ability), then that constitutes valid grounds for annulment. However, such a claim for annulment must be supported by testimony and, if applicable, witnesses (so much for privacy).
When the marriage involves underage participants
If either or both members of a married couple are discovered to not be of a legal marrying age (ages vary by states), then by law, the marriage will be considered invalid.
When one person had the lack of capacity to consent to marriage
If one member of a married couple is discovered to have been suffering from a mental illness that impeded his ability to make an informed decision about getting married, then the marriage in question will usually qualify for an annulment.
Of course, there are other circumstances under which a marriage might quality for annulment. Certain situations involving fraud or duress can sway a judge to grant an annulment. Although some flexibility exists when it comes to ruling in favor of annulments, people should not get too comfortable with this fact and rely on annulment as a means of getting out of a marriage that was a bad idea in the first place.
Remember, getting married is a huge responsibility that should not be taken lightly. So the next time you find yourself away on vacation dancing with your new would-be soul mate, think twice before spontaneously popping the question and rushing to the nearest chapel. By proceeding with a fair degree of romantic caution, you just might save yourself some aggravation in the long run.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
