Complaint for Annulment — No Consent and No Cohabitation (South Carolina)

South Carolina Family Law Updated October 16, 2026 Free Word and PDF

COMPLAINT FOR ANNULMENT — NO CONSENT AND NO COHABITATION

Before filing: This complaint uses S.C. Code § 20-1-530's narrow route: a marriage contract entered without a party's consent and not consummated by the parties' cohabitation. It requests only a declaration of marital invalidity. For a South Carolina marriage, § 20-1-550 addresses service of the annulment complaint by publication and filing the original summons; confirm the required steps with the filing court before service.

Court Case
State of South Carolina, County of [COUNTY], In the Family Court Case No. [________________]
[PLAINTIFF FULL NAME], Plaintiff Complaint for Annulment
v.
[DEFENDANT FULL NAME], Defendant

Plaintiff alleges:

Parties and ceremony

  1. Plaintiff is [FULL NAME] and resides at [ADDRESS, COUNTY, STATE]. Defendant is [FULL NAME] and resides at [ADDRESS, COUNTY, STATE OR LAST KNOWN ADDRESS].
  2. The parties participated in a marriage ceremony on [DATE] in [CITY, COUNTY], South Carolina. The marriage license or certificate is [IDENTIFY RECORD OR EXHIBIT].
  3. This Court has authority to determine an annulment action under S.C. Code § 63-3-530(A)(6). The parties' ties to [COUNTY] County are [SPECIFIC FACTS].
  4. Other known proceedings or orders concerning the parties' marital status are [COURT, CASE NUMBER, STATUS, AND RELEVANT ORDER / NONE KNOWN].

Lack of consent and absence of cohabitation

  1. At the time of the supposed marriage contract, [IDENTIFY PARTY] did not consent to it. The acts, statements, circumstances, and dates showing the absence of consent are [SPECIFIC FACTS, NOT ONLY A CONCLUSION]. The supporting witnesses and records are [IDENTIFY].
  2. After the ceremony, the parties did not cohabit. Their separate residences, dates, and conduct are [SPECIFIC FACTS]. The supporting witnesses and records are [IDENTIFY].
  3. Because the supposed contract was made without [IDENTIFY PARTY]'s consent and was not consummated by cohabitation, Plaintiff requests a declaration of invalidity under S.C. Code § 20-1-530.

Other matters

  1. [CONFIRM OR REPLACE:] This complaint requests no custody, visitation, support, property, alimony, or other financial order. Any such relief will be pleaded separately on a supported basis if appropriate.
  2. The parties have [NO CHILDREN TOGETHER / IDENTIFY CHILDREN AND ANY RELATED CASES]. This statement provides context; no child-related order is requested in this complaint.

Request for relief

Plaintiff asks the Court to:

  1. Hear the evidence and determine whether the requirements of S.C. Code § 20-1-530 have been met;
  2. Declare the purported marriage invalid and enter an order of annulment; and
  3. Grant any further relief specifically pleaded here and supported by law: [IDENTIFY OR STATE "NONE"].

Respectfully submitted,

Signature: ___________________________________ Date: [__/__/____]

Printed name: [________________________________]

Address for service: [________________________________]

Telephone: [________________________________] Email: [________________________________]

Attorney and South Carolina bar number, if represented: [________________________________]

Sources and references

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About this template

Last updated
October 16, 2026
Citations checked
October 16, 2026
Jurisdiction
South Carolina
Category
Family Law

Legal authority

  • S.C. Code § 20-1-530 (declaration of invalidity for lack of consent without cohabitation)
  • S.C. Code § 20-1-550 (service in annulment action)
  • S.C. Code § 63-3-530(A)(6) (family court annulment jurisdiction)

Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 16, 2026.

S.C. Code § 20-1-530 (checked October 16, 2026): "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."

S.C. Code § 20-1-550 (checked October 16, 2026): "When a marriage has been contracted or solemnized in this State and an action is brought under Sections 20-1-80, 20-1-510, and 20-1-530 seeking to annul it, the plaintiff shall serve his complaint on the defendant by publication as provided in Sections 15-9-710 and 15-9-740. The original summons must be filed in the office of the clerk of court of the county in which the action is pending."

S.C. Code § 63-3-530(A)(6) (checked October 16, 2026): "The family court has exclusive jurisdiction: ... (6) to hear and determine actions for the annulment of marriage;"

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