An alternative to getting a divorce in Georgia is an annulment.  Many people have reasons for seeking an annulment instead of a divorce.  For example, devoutly religious people may want to avoid a divorce for religious reasons.  Others from certain cultural backgrounds may want to avoid taboos and social stigmas within their community that are attached to a divorce.

Statute O.C.G.A. §19-4-5 demonstrates that an annulment in Georgia has the same practical effect as a divorce. The difference is that a divorce ends the marriage at the time of the divorce decree, while an annulment voids the entire marriage. Statute O.C.G.A. §19-4-1 does make it clear, however, that an annulment in Georgia cannot be granted if a couple already has children or is expecting children at the time they begin the annulment proceedings.  In that case, the only option available under Georgia law is a divorce.

By definition, an annulment in Georgia is essentially a legal decree that a marriage is “void.”  In other words, legally speaking, it never happened or was invalid in the first place.

While social or religious taboos are often the main reason individuals seek an annulment, there are also other, more practical reasons.  For instance, annulled marriages bypass many of the obligations normally associated with marriages that end in divorce, including asset and debt distribution, alimony, and the distribution of retirement accounts.  Because a GA annulment declares that the marriage is void, however, there is no “marital property” to be distributed nor any alimony obligations by either spouse.

Also, one important caveat.  Civil annulments in Georgia, granted by the courts, should not be confused with those granted by religious tribunals, most notably the Catholic Church.  Not only are the grounds for getting an annulment different in each scenario, but a religious annulment has no binding power on Georgia courts, nor does an annulment granted by the Georgia courts affect matters of religious law.

Getting Started

The above information is 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. We are proud to say that our attorneys are among the most knowledgeable and experienced in the state.  Click here to see our Credentials and Client Reviews.  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, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form.  Thank you and we look forward to working with you.