How to Get an Annulment in Georgia

How to Get an Annulment in Georgia

In this post, we will outline the requirements and steps for filing for annulment in more detail.

Where to File for an Annulment?

To begin, both divorces and annulments in Georgia must be filed in Superior Court. See GA Code § 19-4-1.

Legal Requirements

Laws concerning marriage annulments are listed under Chapter 19 of the Georgia official code.  The state of Georgia has stricter annulment standards compared than other states. For example:

  • If you have a child born out of that marriage, you must file for divorce instead of an annulment, even if your spouse fraudulently induced you into the marriage.
  • If the court finds that it is in the best interests of the child for his or her parents to cohabitate, then the granting of an annulment is prohibited.

The Georgia code also lists out specific grounds for annulment:

  • In cases of incest;
  • One of the parties is mentally incapacitated and can not consent to the marriage;
  • Either party is under the age of 16 and without parental consent;
  • Cases of forced marriage such as child trafficking;
  • Either party enters into the contract using fraud;
  • Either or both of the parties are legally married to someone else.

Filing the Documents

The same residency requirements for filing divorce exist for filing for annulments. Under Georgia law, one spouse must have lived in Georgia for at least six consecutive months. You must file in the superior court closest to where you reside. You must also pay the filing fees for each form. With annulments, you do not qualify for things like alimony because the whole purpose of the annulment is make it so that the marriage never even took place.

You must still serve the annulment forms to the other party as you would divorce forms.

You must still attend a scheduled court hearing. Annulments of marriage in Georgia must have supporting factors hold up in court, meaning you must be able to prove that you meet one of the legal grounds for annulment. It is recommended you hire an experienced attorney.

Duluth/Gwinnett County Annulment and Divorce Attorney

The Ward Law Firm in Gwinnett county has been helping people just like you work through their divorces and family law cases for over a decade. Sometimes, a divorce is not enough, and an annulment is in order when someone has wronged you. Our law firm is here to help you get through a painful process. We will walk you through your divorce, annulment, or legal separation step by step. Contact us today at 770-383-1973.

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