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 5 ways you can get an annulment in South Dakota.
#1 - Marriage Obtained By Force
A marriage can be annulled if, at the time of the marriage, the consent of either person was obtained by force, unless that person afterwards freely cohabitated with the other.
#2 - Unsound Mind
A marriage can be annulled if either person was of unsound mind at the time of the marriage, unless that person, after coming to reason, freely cohabitated with the other as a spouse.
#3 - Marriage Obtained By Fraud
A marriage can be annulled if, at the time of the marriage, the consent of either person was obtained by fraud, unless that person, with full knowledge of the facts constituting the fraud, freely cohabitated with the other.
#4 - Physical Incapacity
A marriage can be annulled if either person was, at the time of the marriage, physically incapable of entering into the marriage, and this incapacity continues and appears to be incurable.
#5 - Under Legal Age of Consent
A marriage can also be annulled if the person on whose behalf it is sought was under the age of legal consent at the time of the marriage, and that the marriage was contracted without the consent of her parents or guardian, unless, after attaining the age of consent, that person for any time freely cohabitated with the other as husband or wife.
