## Annulment in South Dakota An **annulment** declares that a marriage was never legally valid in the first place — as if it never happened. This is fundamentally different from **divorce**, which ends a valid marriage. Annulments are rare, with narrow grounds and tight time limits. ### South Dakota grounds for annulment Bigamy, mental incapacity, force, fraud, underage, impotence. ### Time limits Varies. ## Void vs voidable marriages **Void marriages** — never legally existed at all (bigamy, incest). No annulment technically required, though parties often seek a judicial declaration for clarity. **Voidable marriages** — valid until annulled (fraud, duress, mental incapacity, underage). The aggrieved party must affirmatively seek annulment within a defined window — and ratification (continuing to live together after discovery) typically bars annulment. ## Common grounds across states **1. Bigamy / prior marriage.** One spouse was already married to someone else. **2. Incest / prohibited relationship.** The parties are too closely related under state law. **3. Underage.** One spouse was under marriage age without proper parental consent / court approval. **4. Mental incapacity.** One spouse couldn't understand the marriage at the time (mental illness, severe intoxication, dementia). **5. Force / duress.** One spouse was coerced into the marriage. **6. Fraud.** Material misrepresentation about something fundamental to the marriage: - Concealing inability or unwillingness to have children - Concealing pregnancy by another - Concealing prior criminal conviction - False identity or immigration motivation - Concealing major undisclosed medical conditions Note that fraud about love, finances, or character is generally NOT enough — the misrepresentation must go to the essence of the marriage. **7. Impotence.** Inability to consummate the marriage, when the other spouse didn't know at marriage. **8. Marriage not consummated.** In some states (rare). ## What an annulment doesn't do - **Doesn't erase children** — children of an annulled marriage are legitimate - **Doesn't eliminate alimony** in all states — many states allow some support after annulment - **Doesn't undo property division** — courts still divide marital property fairly - **Doesn't restore religious status** — religious annulment is separate Some people seek annulment for religious reasons (Catholic Church) — but a civil annulment and religious annulment are completely separate processes. ## When annulment is harder to get than divorce - **Cohabitation after discovery** — continuing to live together after learning of the ground typically waives the annulment claim - **Burden of proof** — annulment requires affirmative proof of the ground; divorce just needs irretrievable breakdown - **Time limits** — most annulment grounds have short SOLs - **Children involved** — courts hesitate to annul marriages with children (preferring divorce) ## When to choose annulment over divorce - **Religious reasons** — your faith doesn't recognize divorce but allows annulment - **Marriage was very brief** — short marriage with clear void/voidable ground - **Immigration fraud** — discovering you were married for a green card - **Bigamy / prior undisclosed marriage** - **Underage marriage** — particularly cases involving forced or coerced underage marriage - **Mental capacity at marriage** — incapacitated spouse ## What you should do Annulment in South Dakota requires showing specific statutory grounds, often within a tight time window. Unlike divorce, you can't just claim irretrievable differences. Talk to a South Dakota family-law attorney who can assess whether your facts fit any recognized ground — most won't, and you'll need to use divorce instead. Most family-law attorneys offer paid initial consultations. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Annulment is one of the most fact-specific areas of family law. Talk to a licensed South Dakota family-law attorney about your specific situation.*