Annulment of Marriage in Georgia: A Comprehensive Guide
Marriage is a sacred institution that is intended to last a lifetime but sometimes things don’t go as planned. Sometimes, after the joy and happiness of the wedding day fades away, some couples may realize that they made a mistake and wish to nullify the marriage. When this occurs, the legal dissolution of the marriage can be achieved through a divorce, but in some instances where the marriage is voidable at law, a separate legal action called an annulment may be an option.
Annulment of marriage is a legal procedure in Georgia that declares a marriage null and void, as if it never existed, thereby leaving the parties to the marriage in the same legal position as they were before the marriage. An annulment is different from a divorce in that a divorce terminates a valid marriage whereas an annulment is retroactive and considers the marriage invalid from the beginning.
If you’re considering an annulment of your marriage in Georgia, here is what you need to know:
Grounds for Annulment in Georgia
In Georgia, a court will only grant an annulment of marriage if one or more of the following grounds exist, as provided for under O.C.G.A. § 19-3-3:
· Bigamy: A spouse is already married to someone else at the time of marriage.
· Mental incapacity: One or both parties lacked the mental capacity to consent to the marriage or to understand its nature and consequences.
· Fraud: One spouse got married under false pretenses or misrepresentations, which if known by the other party, would have resulted in the other party not entering into the marriage.
· Duress: One spouse got married under threats or coercion.
· Incest: The parties are closely related and cannot be legally married under Georgia law.
· Impotence: One spouse is unable to consummate the marriage by sexual intercourse.
It’s important to note that in Georgia, unlike many states, there is no time limit to file for an annulment based on any of these grounds. So, whether you’ve been married for a month or for several years, you can still pursue an annulment of marriage.
Procedures for Annulment in Georgia
The annulment of a marriage in Georgia is similar to the process of ending a marriage through divorce. Here are the basic steps involved:
· File a petition: The process of annulment begins by filing a “Petition for Annulment” in the Superior Court of the county where you or your spouse reside. The petition must clearly state the grounds for obtaining an annulment.
· Serve the other party: Once the petition is filed, you must serve the other party with a of the petition and a summons to appear in court. If the other party cannot be located, publication may be necessary.
· Court hearing: After the other party has had a chance to respond to the petition, the court will hold a hearing to determine whether grounds for annulment exist. At the hearing, each party will have an opportunity to present evidence in support of their position.
· Final order: If the court determines that one or more grounds for annulment exist, it will issue a final order declaring the marriage null and void. The court may also issue orders relating to issues such as property division, support and custody, though this will depend on the circumstances of the case.
Effect of An Annulment in Georgia
When a court grants an annulment in Georgia, the marriage is considered to be null and void from the beginning, as if it never existed. This means that the parties are free to marry someone else immediately. An annulment also has the following effects:
· Property rights: When a marriage is annulled, the parties are returned to their legal position existed prior to the marriage. Each person keeps their own property and neither spouse is entitled to spousal support, also known as alimony, from the other.
· Custody and support: If there are children from the annulled marriage, a separate custody and support proceeding may be required to determine the appropriate arrangements for the children.
· Cohabitation and Children: In Georgia, even though the marriage itself is declared void, if the parties lived together as husband and wife or if children were born as a result of the union, the rules of equitable distribution and child support may still apply. These are often determined on a case by case basis and can be complicated.
· No waiting period: Unlike a divorce, there is no waiting period for an annulment in Georgia. Once a judge has signed the final order of annulment, the marriage is immediately terminated.
Conclusion
Annulment of a marriage in Georgia is a legal way to have a marriage declared null and void. However, the process can be complicated, and the grounds for annulment are limited in nature. You should always consult with a qualified family law attorney in Georgia to determine the best course of action for your specific circumstances. It is also a good idea to read up on Georgia family law, which can be found on the Georgia state website. While the process for an annulment of marriage in Georgia can be different for each case, it is important to remember that the outcome can be life-altering.
Quick Guide to Annulments in Georgia
Laws for Annulments of Marriages in Georgia
Laws concerning the annulment of marriage in Georgia are listed under Chapter 19 of the GA official code. There are several sections that address the topic of annulment, and the state of Georgia is somewhat strict on annulments compared to other states. According to Section 19-4-1 of the official code:
“Annulments of marriages [in Georgia] declared void by law may be granted by the superior court, except that annulments may not be granted in instances where children are born or are to be born as a result of the marriage.”
If the cohabitation of the parents is in the best interests of the child or future child, a court may not grant an annulment of marriage in Georgia. Yet, these cases are rare, and courts will usually grant an annulment of marriage in Georgia in the following cases according to Section 19-3-2 of the official code:
• a parent has married a child, a parent has married a stepchild, a grandparent has married a grandchild, or an aunt or uncle has married their nephew or niece
• either party did not have mental capacity during the contract
• either party was under 16 when they entered the marriage
• either party was forced into the marriage
• either party entered into the contract using fraud
• there was bigamy
Steps for Annulments of Marriages in Georgia
In order to legally undergo an annulment of marriage in Georgia, the party seeking the annulment must first qualify in one of the factors listed above. If the parties have children and property that needs divided, it’s always a good idea to hire an attorney when seeking an annulment of marriage in Georgia. Follow these steps closely:
1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in Michigan, and you’ll have to file a petition with your county’s superior court as well. All of the forms you’ll need for annulments of marriages in Georgia can be found under the southern judicial circuit in GA
2. File the forms with the clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary forms for child support, spousal support, or other issues within annulments of marriages in Georgia. For a complete list of all superior courts in GA.
3. Serve the forms to the other party: you can have the court send the documents for the annulment of marriage in Georgia to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.
4. Set up a court hearing: annulments of marriage in Georgia must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial.
