Considering an Annulment?
Have you found yourself questioning the validity of your marriage and wondering if annulment could be an option for you? If so, you’re not alone. For Georgia residents, understanding the process and requirements for annulment can provide clarity during an uncertain time.
At The Manely Firm, we’ve helped clients explore annulment when unique legal issues made divorce less suitable.
This guide will explain what annulment in Georgia involves, who can file, and how to get started.
What Is an Annulment?
Under Georgia law, O.C.G.A. § 19-4-1, an annulment is a legal process that declares a marriage invalid, essentially stating that the marriage never legally existed. Unlike a divorce, which ends a valid marriage, annulment retroactively erases the marriage, treating it as though it never happened.
This legal option is only granted in very specific circumstances, so it’s crucial to understand the eligibility requirements before moving forward. If your marriage fails to meet certain legal criteria, an annulment in Georgia may be a viable resolution.
Why Seek an Annulment Instead of a Divorce?
There are several reasons someone might pursue annulment instead of divorce. These typically include:
- Religious beliefs: Some faiths object to divorce, making annulment a better option for those seeking to remarry within their church.
- Social or personal reasons: Certain individuals might prefer annulment because it legally erases the marriage, providing a sense of closure, unlike divorce.
Who Can File for an Annulment in Georgia?
Not everyone is eligible to file for an annulment in Georgia. State-specific laws impose stringent requirements to ensure annulment is granted only under specific circumstances. Below, we detail key criteria for determining who can file.
1. Your Marriage Must Be Legally Void or Voidable
The first step to filing for marriage annulment in Georgia is determining whether your union meets the “void” or “voidable” criteria:
- Void Marriages: These are unions that are unlawful from the start, such as bigamy (marrying someone who is already married) or incestuous relationships.
- Voidable Marriages: These involve defects like fraud, coercion, or lack of mental capacity. Fraud must involve a critical element of the marriage, such as hiding a previous marriage or infertility.
2. You Were Not Married for Long
Annulments tend to apply to short-lived marriages. While Georgia law does not set a strict time limit for annulments, longer unions are generally assumed to be valid. Courts are less likely to annul longer marriages, especially if both parties lived as spouses for a significant time.
3. There Are No Shared Children
If children were born during the marriage or the couple is expecting, annulment is generally not granted in Georgia. The courts prioritize protections for the child. In most of these cases, divorce is the legally required route.
4. You Meet Georgia Residency Requirements
At least one spouse must be a Georgia resident to file for annulment. This ensures that the Georgia courts have jurisdiction over the case.
Common Grounds for Annulment in Georgia
Now that we’ve covered who can file for an annulment, let’s explore some of the most common grounds for annulling a marriage in Georgia. These include:
- Bigamy: One spouse was already legally married to someone else.
- Fraud or Misrepresentation: Hiding major facts, such as infertility or intent to deceive.
- Underage Marriage: A party was underage without parental consent.
- Mental Incapacity: Being unable to understand the marriage due to mental illness or intoxication.
- Duress or Coercion: Being forced into marriage.
- Incest: Marriages between close relatives are not valid.
These cases often require supporting documentation, such as text messages or witness testimony, to support the claim.
How to Get an Annulment in Georgia
If you believe your situation meets the legal requirements for annulment, follow these steps to begin the process:
- Consult with a Family Law Attorney: An attorney can help you confirm eligibility and guide you through the annulment filing process.
- File a Petition for Annulment: This legal document explains your grounds for annulment.
- Serve the Petition on Your Spouse: Your spouse will have the opportunity to respond.
- Attend a Hearing: A judge will review your case and issue a decision.
Even if annulment sounds simple, proving the marriage was never valid often requires detailed preparation.
Can an Annulment Be Contested?
Yes, annulments can be contested by one party. If your spouse disagrees, they can challenge your petition in court. This makes it even more important to have solid evidence and strong legal support.
What Happens After an Annulment?
Once an annulment is granted, the marriage is considered to have never existed. Neither party will owe marital obligations like spousal support, and there is no division of marital property. However, contracts or financial agreements made during the marriage may still be enforced.
Begin Your Annulment Journey Today
Marriage annulment in Georgia does not have to feel complicated or unattainable. If you think annulment might be the right solution for your situation, acting quickly is important to ensure your case meets Georgia’s legal requirements.
At The Manely Firm, we have guided clients through annulments involving fraud, bigamy, and underage marriage. We’re here to help you find clarity, every step of the way.