Obtaining An Annulment In Georgia

Experienced Georgia Divorce & Family Law Attorneys

For a number of reasons, clients often ask our Atlanta divorce lawyers whether they can get an annulment rather than a divorce. Sometimes individuals feel there is a stigma attached to the word “divorce.” Other times, clients tell us they would prefer to get annulled rather than divorced for religious reasons.  Finally, individuals may feel that they were lied to by their spouse when they entered the marriage, that they never would have married their spouse if they knew the truth, and that they simply want this part of their life to “go away.”

Georgia Divorce and Annulment Law

So what is the difference between a GA divorce and an GA annulment?  Legally speaking, the difference between a divorce and an annulment is that a divorce  dissolves a valid marriage, while an annulment legally decrees that the marriage was invalid from its very inception. In other words, in the eyes of the law, if you get an annulment it is as if your marriage never existed at all.

While many individuals would prefer an annulment to a divorce, this is not always possible.  Under Georgia law, an annulment (“voiding the marriage”) can only be granted under limited circumstances. Specifically, a Georgia court must rule that the marriage contract suffered from some sort of “defect.”  Under Georgia annulment law these so-called “defects” would include such issues as a lack of parental consent (if one of the parties was underage), mental incapacity, and “fraud in the inducement of the marriage.”

Other Georgia Annulment Law Considerations

There are two important things to keep in mind when considering an annulment in Georgia.

First, Georgia law states that an annulment can only be given to an “innocent” party.   In other words, as opposed to a “no fault” divorce, Georgia law would prohibit any sort of  “no fault” annulment.  Second, Georgia law makes it clear that if children were born from the marriage, an annulment will not be permitted. In this case, a marriage may only end by a Georgia divorce proceeding.

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 visiting our Contact Page.  Thank you and we look forward to working with you.