Divorce is not the only pathway to ending a marriage. Depending on the circumstances under which the marriage was formed, Georgia couples could opt for an annulment instead.
What is annulment?
Like divorce, annulment is a legal process through which a marriage is terminated. However, there are a few key differences.
When a marriage is annulled, it’s as if it never happened. On the other hand, when couples get divorced, there will always be a legal record of the marriage.
The grounds for annulment have to do with conditions that were present at the time of the marriage, whereas divorce deals with issues that arose after the couple got married.
What are the possible grounds for annulment?
In Georgia, there are several scenarios under which a spouse could seek an annulment:
- Either spouse was already legally married when they entered this marriage
- Either spouse was forced into the marriage
- Either spouse was under the age of 16 when they got married
- Either spouse did not have the mental capacity to enter a marriage contract
- Either spouse entered the marriage under the influence of fraud
- The spouses are related by blood or marriage
Important things to know about annulment in Georgia
People who get an annulment can apply for temporary alimony to help them get back on their feet. Unfortunately, permanent alimony is not available.
A popular myth surrounding annulment that we’d like to dispel is that anyone can get one within a specified period following getting married. This is not true. Annulments are only available to couples whose situation matches one in the list above.
Another critical thing to know is that according to state law, couples who had children while married are not eligible for an annulment.
How to get an annulment in Georgia
Since the parameters for annulment are restrictive, individuals who are interested in an annulment should consult with a family law attorney.
