annulment in Georgia

Types of annulments vary, with civil and religious being the two main kinds. We shall be discussing civil annulment in Georgia in more detail here under. For the sake of this article we will not be delving into religious annulment in Georgia, which can only be granted by the church or a clergy member.

Civil annulments and divorces are sometimes considered as being similar, since they both make a determination about a couple’s marital status. But there is a key difference between them; that is, in a divorce ends an existing, valid marriage will be terminated, whereas annulment simply declares that the marriage never existed in the first place.

It's possible to have your marriage annulled in Georgia, even though it is not that common. Georgia annulment law discredits annulment since the courts look at annulment requests in a rather sceptical way. In general they request for  strong proof before being convinced to grant such a request.

One key factor to mention here is that under Georgia law, should you and your spouse already have children, or are pregnant, you cannot get an annulment. In such a case you would have to pursue a divorce to end your marriage.

Grounds For An Annulment in Georgia

Georgia Annulment

In Georgia, a marriage can be annulled if it is considered to be "void,". This means that the law forbids it, or else that it never actually had the potential to be valid. The grounds for annulment in Georgia are the following:

  • One or both spouses is considered to have been mentally incompetent at the time of the marriage ceremony.
  • One or both spouses was underage at the time of the marriage, and there was no parental or guardian consent.
  • One or both spouses consented to the marriage only as a result of coercion or fraud employed by a third party.

  • The marriage involves persons of the same gender. It is important to note that the state of Georgia neither recognizes nor permits same-sex marriages. This also applies to same-sex marriages that were carried out in other states.
  • It has been found that one spouse is still legally married to another living person. This is referred to as a bigamy.
  • It has been concluded that the spouses are closely related, by blood or otherwise. This would be a case of incestuous marriage.

Even if one of the above is discovered or can be proven, it is however possible that you may still not be able to get an annulment in Georgia. For instance, should you have been misled into marrying your spouse because of fraud, but you opted to live with your spouse in a marital relationship even after you learned about this fraud, then you would have ratified the marriage and in such a case it would not be possible to annul it. The reasoning behind such a case is that even though you suffered the act, you still chose to waive your complaint by deciding to live with that person.

Apply For Annulment In GA In 3 Simple Steps

How Do I Get an Annulment in GA?

If any of the above cases exist, then the marriage is considered to be void and there can be grounds for annulment in Georgia. Either one of the spouses have the right to request for an annulment in GA, or as it is technically referred to, petition for annulment. If the case involves a person who is underage and who got married without parental consent, then that parent has the right to file the annulment petition in Georgia.

Annulment proceedings follow the same rules as divorce in Georgia actions. So, you would need to be aware of these and follow them accordingly. This includes pleading, service, and procedure phases. If you are the spouse who would like an annulment in Georgia, the first step in the marriage annulment process is to file and serve a petition for annulment. If your spouse responds by filing an answer opposing your request, you could have a right to a trial by jury. If you're considering to request an annulment in GA, it's a good idea to start off by discussing this with a lawyer first. The reason is that there are various things to consider. For instance, there would be custodial and child support issues if you have kids. Moreover, there could be serious financial ramifications to deal with when the court divides the assets and debts. You will also want to discuss any possible statutes of limitations with your lawyer so as to make sure that you won't miss any deadlines.

Effect of an Annulment in Georgia

In Georgia, an annulment has basically the same effect as a divorce in Georgia - both parties become single again and they can eventually decide to remarry.

Some people worry that if their marriage is declared void, the paternity of their children will be questioned. This is not an issue in Georgia annulment, as this state prohibits annulment in cases where the couple already has children or if the wife is currently pregnant. In such a case you would have to go through divorce proceedings, where a judge will decide custody, child support, as well as visitation.

The state of Georgia also has a statute that stipulates that children born from a void marriage, before it is annulled, are considered to be legitimate. This is considered as an additional form of protection for such children.

Many state courts do not have the statutory authority to grant alimony or to divide property or debts as part of an annulment case. The main reasoning behind this is that one cannot consider that an invalid marriage had a marital estate. However the state of Georgia is slightly different in this aspect. Here the courts can divide a couple's joint property and debts in an equitable manner when they decide an annulment case.

Georgia courts cannot, however, award permanent alimony. This is due to the fact that such alimony is considered to be a remedy available from a former spouse to another, whereas an annulment in Georgia essentially states that the parties were never considered to be one another’s spouses in the first place. Nonetheless, the court in Georgia can make the spouse with the highest income help out his or her spouse in paying attorney fees so as to enable the latter to proceed in the case litigation.

How long do you have to annul your marriage in Georgia?

Annulment unlike divorce invalidates your marriage making it as if the marriage never happened. Annulment is not based on the length of the marriage. Instead, it is based on very specific grounds that you need to prove in court. For that reason, there is no specific time frame to file for annulment.

How long do you have to annul your marriage in Georgia?

Yes, in Georgia you have the option to annul your marriage. Annulments return you to your single status and makes it like you were never married, however annulments are rare and only granted in unusual circumstances. There are limited grounds that qualify for annulment, and it is not based on the length of your marriage.

What qualifies a marriage for annulment?

In Georgia if you meet the legal grounds for annulment, you are able to ask the court to annul your marriage and make it invalid. To file for annulment in Georgia, at least one spouse needs to live in Georgia for at least six months and you must file in the county you are living in.

What are the most common grounds for annulment?

To get an annulment in Georgia you must be able to prove a specific ground for annulment with evidence in court. In Georgia, the legal grounds for annulment are:

  • You and your spouse are related: parent/child, stepchild; grandparent/grandchild; aunt/nephew; uncle/niece
  • You or your spouse did not have the mental capacity to enter into a contract
  • You or your spouse were forced to enter the marriage
  • You or your spouse were induced into the marriage by fraud
  • You or your spouse were under the age of 16 at the time of marriage
  • You or your spouse were married to another living person at the time you entered the marriage

How soon can a marriage be annulled?

There is a residency requirement of six months in Georgia that must be met before you can file for annulment. Once you file for annulment the marriage can be annulled thirty days after you have served your spouse with the annulment forms.

How do I file for an annulment in GA?

In order to file for annulment, you and/or your spouse must live in Georgia for at least six months, and you must file in the county one of you live in. Once the residency requirement is met, you must be able to prove with evidence one of the grounds for annulment. You will then need to prepare and file all the forms with the court. Your annulment can be granted thirty days after your spouse has been served.

Is it better to get a divorce or annulment?

While divorce is more common and can be less complicated, annulment makes it as if your marriage never existed and may be preferred in certain circumstances. There are major legal differences between annulment and divorce. For example, if you are seeking alimony from your spouse in Georgia, you can only be awarded temporary alimony when you file for annulment. If you are seeking permanent alimony you need to file for divorce. Additionally, in Georgia you are not able to file for annulment if you and your spouse have children together.

Is it better to get a divorce or annulment?

Once your annulment has been finalized you can remarry right away. Your marriage has been declared invalid and there is no waiting period before you are able to be remarried. You are immediately returned to the status of a single person.

What happens to the child after annulment?

In Georgia, the general rule is that you are not able to file for annulment if you have children. If you have children, you will need to file for divorce. If you feel that only an annulment will suit your situation and you have children, you will need to hire an attorney and there is no guarantee that you will be able to be granted an annulment.

What is mental incapacity in annulment?

In Georgia, the general rule is that you are not able to file for annulment if you have children. If you have children, you will need to file for divorce. If you feel that only an annulment will suit your situation and you have children, you will need to hire an attorney and there is no guarantee that you will be able to be granted an annulment.

Can you get an annulment after a divorce?

Once the court has granted you a divorce your marriage is over. You are not able to file for annulment for the same marriage once a divorce has been granted. If you file for annulment and the court does not grant it, you are able to file for a divorce.

Why would you want an annulment?

An annulment makes your marriage invalid, essentially erasing your marriage. Some people may prefer to have the marriage annulled to avoid the stigma of being divorced. People may also prefer an annulment for religious reasons. In some religions, divorce is frowned upon or not allowed. An annulment is an alternative to divorce making it as if the marriage never happened. Another reason is financial. If your marriage is declared invalid, there is no marital property the judge will typically assign all property and debts back to the person who had it before the marriage.

Are the children of an annulled couple still legitimate?

Yes, those children are still considered legitimate. In Georgia, you are not able to get an annulment if you have children. You will need to file for divorce so the court can make orders regarding custody and support.

Does Georgia annulment void prenup?

Prenuptial agreements apply to valid marriages and the terms apply to couples who are divorcing. If you chose to file for annulment the marriage because invalid thus releasing you from the terms of the prenup.

Does GA annulment affect Social Security?

Unlike divorce, an annulment makes your marriage invalid. This means the marriage never happened so neither spouse is entitled to the Social Security of the other party. Neither spouse is able to claim marital benefits of the others Social Security award.

How do I change my surname after annulment?

Similar to divorce, an annulment returns you to the status of a single person. If you changed your name when you got married and now want to get your maiden name back, you can take a copy of your Decree/ Judgment of Annulment to the DMV and social security office to change your name back.

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