3 Common Questions About Annulments In South Dakota

Like a divorce, an annulment ends a marriage. However, unlike a divorce, when you get an annulment it’s as though you were never married, at least in some ways. Although you need to divide your property just like other divorcing couples, you are legally entitled to call yourself “single” after the annulment, rather than checking the box for “divorced” wherever that comes up.

Here are 3 common questions about annulments in South Dakota.

Question #1 - Under what grounds can an annulment be granted?

An annulment may be granted for several reasons, including (1) fraud; (2) unsound mind; (3) lack of legal consent; (4) physical incapability. 

Question #2 - Can a court award child custody and child support?

Yes. In any annulment case, a court may give direction regarding the custody, care, and education of the children of the marriage.

Question #3 - Can a former spouse be given financial assistance?

Yes. If an annulment is granted, a court may provide for the maintenance of a former spouse.

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Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones