Georgia annulment law is governed by the Official Code of Georgia Annotated (O.C.G.A.) § 19-4-1. This law outlines the criteria for annulling a marriage in the State of Georgia, which is a legal process that renders a marriage void as if it never occurred.
To be eligible for an annulment in Georgia, one of the following criteria must be met:
- One of the parties was under the age of 16 at the time of the marriage and did not have the consent of a parent or guardian.
- One of the parties was already legally married to someone else at the time of the marriage in question.
- The marriage was a result of fraud, duress, or misrepresentation by one of the parties.
- One of the parties was incurably impotent at the time of the marriage and the other party was unaware of this.
- The marriage was between close, blood relatives.
It’s possible that having one of these circumstances is not enough. If the marriage was a result of fraud, but the wronged party continued living in the marital relationship after learning of the fraud, then the marriage is considered ratified and will not be annulled.
It’s important to note that the grounds for annulment in Georgia are narrowly defined and difficult to prove. Also, the annulment process can be costly and time-consuming. It may also be harder to get an annulment than a divorce in certain situations, for example, if the couple has been living together for a long time.
In addition, an annulment does not address issues such as property division, spousal support, or child custody, which are typically addressed in divorce proceedings.
Annulment proceedings follow the same rules as divorce actions, meaning the spouse who wants the annulment must first file and serve a petition for annulment. If their spouse files a response opposing the request, the result may be a jury trial.
In Georgia, an annulment will have much the same effect as a divorce in that both parties are single again and can remarry.
An important caveat – Georgia law prohibits annulment in cases where the parties either have children or are already pregnant. In those cases, a divorce proceeding would be necessary.
Unlike some states that don’t have the authority to award alimony or divide assets as part of an annulment (under the logic that there cannot be a marital estate if there was not a valid marriage), Georgia courts can equitably divide joint property and debts.
If you are considering annulling your marriage in Georgia, it’s vitally important to consult with an experienced family law attorney to determine your eligibility and the best course of action for your specific situation. If you have any questions or are considering an annulment, contact us at Shewmaker & Lewis. We’re here to help.