Annulments

In Georgia, an annulment renders a marriage legally nonexistent, as determined by the Superior Court. A marriage may only be annulled based on one of six valid grounds in Georgia:

• Intermarriage between the parties.
• One of the parties is 16 years or younger.
• One party did not have sufficient mental capacity at the time of the marriage.
• Force, menace or duress was used in obtaining the marriage.
• One of the parties was committing bigamy.
• Fraud.

Georgia courts will not grant an annulment if the parties had children during their marriage. In that circumstance, the couple must seek a divorce.

An annulment is initiated similarly to the divorce process, with one party filing a petition and having that petition and a summons served on the other party. However, unlike the divorce process, the Superior Court does not have to hold a hearing on the matter if the defendant does not answer or contest the petition within 30 days of being served. The court may enter a default judgment granting the annulment.

Once a marriage is annulled, the parties return to their status as unmarried or never-married individuals. Awards normally granted in family cases are not available with annulments; however, courts may assist with the division of property.

Our experienced attorneys adeptly navigate the complexities of annulment cases, advocating for the interests of our clients with diligence and dedication. We prioritize understanding our clients’ objectives and strive to achieve them through strategic and effective legal representation.