Requirements for an Annulments in Georgia

Experienced Georgia Family Law & Divorce Attorneys

When many of our Georgia clients decide to terminate their marriage, they question if they can file for an annulment rather than a divorce.  To begin, both divorces and annulments in Georgia must be filed in Superior Court.  Both actions have the same procedural requirements (e.g. jurisdiction, venue, service, etc.). Indeed, to a large extent, the main difference between the two is that parties are not entitled to permanent alimony in an action for annulment in Georgia whereas parties may, under certain circumstances, be entitled to permanent alimony in an action for divorce.

Grounds exist for an annulment in Georgia if the marriage was void when the individuals entered into it. For example, a marriage would be void if: (1) You and your spouse were related in a way that Georgia law prohibits, (2) You did not have the mental capacity to enter into a contract, (3) You were under the age of sixteen when you entered into the marriage, (4) You were forced to enter into the marriage, (5) You were fraudulently induced to enter into the marriage, or (6) Your spouse was married to another living spouse at the time you entered into the marriage.

While many of the grounds for annulment and divorce are the same, the primary difference between the two is that a decree of divorce voids the marriage at the time of the final order while an annulment invalidates the purported marriage ab initio — the marriage was invalid at its inception. A divorce seeks to divide parties who were previously recognized as a union. An annulment seeks to return the parties to their status prior to the purported marriage – as if the marriage never happened.

It is important to remember that an annulment in Georgia is generally not appropriate in cases where children are born of the marriage. Georgia annulment law says that once a child is born, or is expected to be born, a marriage occasioned by fraud, duress or non-age becomes valid and any dissolution of that marriage requires an action for divorce.

Getting Started With a Divorce or Annulment

The above information is simply meant as a brief summary of certain aspects of Georgia annulment law.  If you are considering filing for a Georgia divorce or a Georgia annulment, we recommend that you speak with one of our Atlanta family law attorneys who can help you determine if an annulment is right for you.  Please note that for a typical divorce or annulment proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, either fill out the brief form to your left or feel free to give us a call.  Additional contact information and driving directions to our firm can be found by clicking here.  Thank you and we look forward to working with you.