An annulment can be for partners who want to legally end their marriage without a divorce. Here are the basics of an annulment in Georgia

Spouses can receive an annulment in Georgia if they meet the grounds of an annulment and follow Georgia’s office code of legal requirements. Spouses must file documents with the court where a judge will consider many factors before granting a marriage annulment.

What Is A Marriage Annulment?

A marriage annulment is an order the court makes presiding over the fact that a marriage either never existed, is void, or is invalid.

Grounds To Receive A Marriage Annulment in Georgia

  • Intermarriage, meaning spouses are related to each other by blood
  • One of the spouses was under the age of sixteen
  • One of the spouses was forced or coerced into the marriage
  • Lack of sufficient mental capacity among one of the spouses
  • Bigamy, meaning one spouse was legally married to another individual
  • The marriage resulted from fraud

How To Receive an Annulment in Georgia

If any grounds to receive a marriage annulment in Georgia exist among spouses, a court can consider the marriage void and annul it. To begin an annulment process, the spouse wanting annulment must file and serve a petition in Superior Court. If your spouse disapproves of the annulment, spouses must attend a court trial.

Georgia Laws Surrounding Annulment

Georgia Code Title 19 of the Georgia official code emphasizes the legal requirements regarding marriage annulment. The strict legal requirements include:

  • If spouses conceived a child during the marriage, an annulment is prohibited, but spouses can file for a divorce instead.
  • If the child’s best interests do not align with the effects of a marriage annulment, the court prohibits spouses from receiving an annulment.

FAQs About Annulment in Georgia: The Basics

Related: Georgia Divorce FAQs

How long does an annulment take in Georgia?

The court can grant an annulment thirty days after a spouse serves their partner with the petition.

Can I still receive alimony from my ex-spouse after an annulment?

A court grants permanent alimony only after a divorce, not an annulment. However, you may request temporary alimony.

Do I have to wait any specific amount of time till I remarry after an annulment?

No, after the final order of annulment by the court, you are allowed to remarry at any time.

Which is better, an annulment or a divorce?

Many legal differences exist between an annulment and a divorce. Choosing between an annulment or a divorce depends on the circumstances of your marriage. A divorce is a more common option, which is less complicated, whereas an annulment completely disregards the marriage.

Related: Dividing Property in a Georgia Divorce

Can I receive a marriage annulment after I divorce my spouse?

No, once a judge finalizes your divorce, the marriage ends, and you cannot file for an annulment on that same marriage.

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If you or a loved one would like to know more about the basics of a Georgia annulment, get your free consultation with one of our divorce attorneys today!