Marriage Annulment in Georgia

Rebecca K. Glatzer, Associate

Marriage Annulment in Georgia

What is an annulment?

An annulment is a legal order by a Georgia court declaring that a marriage is void and was invalid from its inception due to one of the bulleted factors below. The effect of an annulment is that the marriage never existed, and the parties were never married. The parties return to their status immediately before marriage. Annulments in Georgia are rare and only granted in unusual circumstances.

Who is eligible for an annulment?

If there are children born of the marriage, or if the wife is pregnant and there are children who will be born of the marriage, the couple is typically not eligible for an annulment. Under Georgia law, an individual who is married is eligible for an annulment only for the following reasons:

• The individual and his or her spouse are related as follows: parent/child, stepchild/stepparent; grandparent/grandchild; aunt/nephew; uncle/niece; or
• The individual did not have the mental capacity to enter into a contract; or
• The individual is under the age of 16 when he/she entered into the marriage; or
• The individual was forced to enter into the marriage under duress; or
• The individual was fraudulently induced to enter into the marriage; or
• The parties to the marriage are of the same sex; or
• One of the individuals was married to another living person at the time the parties entered into the marriage.

If you have questions about whether one of these factors applies to you, or if you and your spouse do have children together, but you believe you are eligible for an annulment, contact an attorney.
 

May I be granted an annulment if I have only been married a short time?

No. The fact that you and your spouse have only been married a short time is not proper grounds for an annulment in Georgia. If you do not satisfy at least one of the conditions listed above, then you must file a petition for divorce to dissolve your marriage.

May I be granted an annulment if my spouse cheated?

No. Adultery is not grounds for annulment in the State of Georgia. However, if one of the parties to the marriage is married to another individual at the time the parties entered into the marriage, this is grounds for seeking an annulment.

May I be granted an annulment if we have not had sexual intercourse?

No. In Georgia, sexual intercourse is not essential to the consummation of a valid marriage. Therefore, failure to have sexual intercourse is not valid grounds for seeking an annulment.

How long does an annulment take?

An order granting an annulment can be issued by a Georgia judge thirty-one (31) days after the other party has been served with a copy of one party’s Petition for Annulment. However, if there is disagreement as to any matter, the annulment will be obtained when the case reaches the court, which can take many months.
 

May I receive alimony if my marriage is annulled?

You may request an award of temporary alimony. However, you cannot request an award of permanent alimony. Permanent alimony can be awarded only in the dissolution of a valid marriage.

If I receive an annulment, how long do I have to wait before I can get married again?

You can remarry anytime after a Georgia court issues a final order granting an annulment.