In some cases, a couple may wish to have their marriage annulled under Georgia law, rather than getting divorced. An annulment makes the marriage completely void, in that the marriage was never valid in the first place. However, annulments in the state of Georgia are very rare, as judges only grant annulments under very unusual circumstances. Some situations that might result in an annulment include the following:
- The two spouses are close blood relatives
- At least one spouse did not have the mental capacity to enter into a contract
- At least one spouse was under the age of 16 at the time of the marriage
- One person was forced to enter into the marriage
- One person induced the other person to enter into the marriage fraudulently
- One spouse already was married to someone else at the time of the marriage
A Georgia marriage can be annulled at any time. A court can issue an annulment order as little as 30 days after the other spouse is served with the petition for annulment. You are not required to be married for a certain length of time before seeking an annulment. However, the fact that a marriage only lasted for a short duration, such as a couple of days, is not an independent ground to have a marriage annulled. The parties still must be in one of the situations listed above in order to qualify for an annulment. Additionally, once a couple has children during a marriage, it is unlikely that the marriage will be annulled under Georgia law. In this situation, the couple simply would have to file for a divorce instead.
Due to the nature of an annulment, the court will not make a permanent alimony or spousal support award in an annulment proceeding. However, there could be a temporary alimony award while the proceedings are pending. In an annulment, the court can divide up any joint property or debts, and restore the woman’s former name.
If you are considering filing for an annulment, the Shaw Law Firm, LLC, can help. Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.