Last updated on August 8, 2024
To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.
Annulment in Georgia
Some people would rather end their marriage by annulment than divorce. While annulments are rare compared to divorce, Georgia laws allow you to annul your marriage in limited circumstances, such as fraud.
At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., our goal is to help you end your marriage in a way that is keeping with your goals. To talk to an attorney about annulment in Atlanta, call 770-888-5120 today to schedule a consultation with our experienced and compassionate divorce lawyers.
What Is Annulment?
Annulment is a legal procedure for declaring a marriage void and invalid from its inception. Unlike a divorce, an annulment does more than end a marriage. It treats the marriage as if it had never taken place.
Some people prefer an annulment for religious reasons. Others choose an annulment to avoid the stigma of divorce or to avoid the need to divide community property.
Annulment Vs. Divorce
When facing the end of a marital relationship, it’s crucial to understand the distinctions between an annulment and a divorce. A divorce terminates a legally valid marriage, acknowledging that it existed but has now dissolved. On the other hand, an annulment declares that the marriage was never valid from the start, effectively erasing it from the legal record as if it never occurred.
While both legal actions change one’s marital status, an annulment treats the marriage as though it never existed, which can be significant for personal reasons, such as religious beliefs or simply personal preference.
What Is The Process For Annulment In Georgia?
The process for obtaining an annulment in Georgia is similar to the divorce process but serves a very different purpose. To initiate an annulment, one must file a petition in court, just as with a divorce. This legal document should include all pertinent details and names of both spouses. It is essential that at least one spouse meets the residency requirement, having lived in Georgia for no less than six months.
Following the filing, standard court procedures continue, and if your spouse contests the annulment, you may have the right to a trial by jury. The entire process requires careful handling of legal documents and adherence to court protocols, mirroring the diligence needed in divorce proceedings.
What Are The Requirements For An Annulment In Georgia?
Georgia law sets specific criteria for an annulment, which are notably different from those for a divorce. An annulment is only possible under certain conditions, where the marriage is considered void from the beginning. Here are the grounds under which an annulment may be granted:
- One or both individuals were mentally unfit to consent to the marriage at the time it took place.
- One or both individuals were under the legal age for marriage and did not have the required consent from a parent or guardian.
- The consent to marry was obtained through fraud or coercion.
- One spouse was already legally married to someone else, making the new marriage bigamous.
- The marriage is incestuous, with the spouses being too closely related by blood or marriage.
Each of these scenarios renders the marriage void ab initio, or invalid from the start. However, it is important to note that living with a spouse after discovering fraud or coercion can negate the grounds for annulment, as it is seen as an acceptance of the marriage.
What Are The Grounds For Annulment In Georgia?
In Georgia, you can obtain an annulment if you were fraudulently induced into marriage. Examples of fraud include:
- Your spouse lied about his or her ability to have children
- Your spouse concealed a sexually transmitted disease or an addition to drugs or alcohol
- Your spouse misled you about his or her religious faith
- Your spouse lied about a prior marriage
In Georgia, you can only obtain an annulment if there are no children born of the marriage. If you have children, your marriage can only be ended by divorce.
Contact Our Attorneys Now To Protect Your Interests
Whether you are considering annulment, are ready to act or have been compelled to respond, we want to help. Please contact us today and arrange a personal, discreet consultation. Call 770-888-5120. We’re conveniently located, with offices in Alpharetta, Atlanta, Marietta, and Cumming, Georgia.
