Annulment
Declaring a Marriage Void or Voidable in Georgia
An annulment is a legal declaration that a marriage was never valid. Unlike a divorce, which ends a legally valid marriage, an annulment treats the marriage as though it never existed. Annulments are rare compared to divorces because most marital disputes involve valid marriages.
Key Differences: Divorce vs. Annulment
- Divorce: Ends a legally valid marriage — governed by O.C.G.A. § 19-3-1 et seq.
- Divorce: Requires statutory grounds (e.g., irretrievably broken marriage).
- Divorce: Allows equitable division of marital property. Has a 30-day statutory minimum waiting period.
- Annulment: Declares a marriage void or voidable — governed by O.C.G.A. § 19-5-1 et seq.
- Annulment: Requires a defect in the formation of the marriage.
- Annulment: May limit property division. No statutory waiting period.
Grounds for Annulment in Georgia
- Bigamy: One spouse was already legally married at the time of the marriage.
- Incest: The parties are too closely related by blood or marriage.
- Mental incapacity: One or both parties lacked the mental capacity to consent.
- Fraud or duress: The marriage was entered into under false pretenses or coercion.
- Underage marriage: One or both parties were under the legal age of consent.
- Impotency: One party was permanently impotent at the time of marriage and the other did not know.
The Annulment Process
To obtain an annulment in Georgia, you must file a Petition for Annulment in the Superior Court of the county where you or your spouse resides. The petition must state the specific grounds for annulment. Ufyle prepares all required documents and guides you through the filing process.
Effect on Children and Property
Even when a marriage is annulled, children born of the marriage are still considered legitimate under Georgia law. Courts will still address child custody, visitation, and support. Property division in an annulment may differ from divorce — the court may attempt to restore each party to their pre-marriage financial position.
Not Sure If You Qualify for an Annulment?
Call us for a free consultation. Our paralegals will help you understand whether an annulment or divorce is the right path for your situation — and prepare all the documents you need.
Disclaimer: Ufyle, LLC is a non-attorney document preparation, paralegal and real estate affiliate service. We do not offer legal advice or legal opinions, and we do not represent you in court.
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