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5 Grounds to Get Your Marriage Annulled

Drew Duncan
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Partner at Zimmer, Duncan and Cole, LLP

If you realize soon after your wedding that your marriage will not work, you may want to seek an annulment to nullify it rather than file for divorce. An annulment is more likely to be granted if the marriage was short—a few weeks or months—when there are no children; and when there is no property to divide.

Grounds to Annul a Marriage in South Dakota

In South Dakota, you must meet one of the following grounds to have your marriage invalidated through an annulment:

  • Bigamy. If your spouse was married to someone else at the time of your marriage, this would be grounds for an annulment.
  • Underage marriage. If you were between 15 and 18 years old when you were married and did not obtain the consent of your parents or legal guardian, this would be grounds for an annulment. You must file for an annulment within four years of turning 18.
  • Marriage under duress. If you were forced into marriage by your spouse, you can seek an annulment within four years of your marriage—unless you willingly continued to live as a married couple with your spouse.
  • Mental disability. The court could grant an annulment if you were found to not be of unsound mind when you got married.
  • Impotency. If your spouse or you were unable to consummate your marriage, you can seek to have the marriage annulled within four years of your marriage, as long as you were the injured party.

If your situation does not fall within the grounds for an annulment, you may still have grounds to file for divorce. We are here to help you decide the best way to end your marriage. Call us today at 888-733-2992 to schedule a free, no-obligation consultation.


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