Georgia Divorce Guide

Get an Annulment in Georgia

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A successful annulment request results in a court ruling that a marriage never existed or should never have taken place. The process occurs in Superior Court and declares the marriage void. Annulments are not permitted where children are born or are to be born as a result of the marriage. A petition for annulment may be filed by what the law calls a next friend for minors or persons of unsound mind. All matters of service, jurisdiction, procedure, residence, pleading, and practice for obtaining an annulment of marriage will be the same as those provided by law for obtaining a divorce, with the exception that a decree of annulment may be ordered at any time, in open court or in chambers, when personal service is had at least 30 days beforehand and no contest or answer is filed. [O.C.G.A. 19-4-4

An annulment may be granted if one or more of the following conditions were present:
  • you were fraudulently induced to enter into the marriage
  • your spouse was married to another living spouse at the time you entered into the marriage
  • you were forced to enter into the marriage
  • you were under the age of 16 when you entered into your marriage
  • you did not have the mental capacity to enter into a contract, or
  • you married a blood relative too closely related to you, such as parent/child,
    stepchild; grandparent/grandchild; aunt/nephew; uncle/niece relationships
  • In the case of a marital annulment, it must be petitioned for like a divorce, and grounds proven to the court

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