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Annulment in Georgia: when you can get one and how it works
Summary
Georgia allows an annulment only for a marriage the law treats as void, such as one where a spouse was already married, the spouses are close relatives, or someone was forced or tricked into it.1
You can't get an annulment if children were born or are expected from the marriage. In that case you'd file for divorce instead.2
A short marriage isn't a reason on its own. If none of the reasons below apply, the way out is a divorce, which can be quick if you both agree.
Which marriages can be annulled
Only a marriage the law declares void can be annulled. A marriage is void if either spouse was unable to marry, didn't really agree to it, or was tricked into it. In practice, that covers:2, 1
- A spouse was still married to someone else. A person can't marry while they have a living spouse from a marriage that hasn't been ended.3
- The spouses are close relatives: parent and child or stepchild, brother and sister including half-siblings, grandparent and grandchild, aunt and nephew, or uncle and niece. These marriages are void from the start.4
- A spouse was too young. The minimum age is 18, or 17 with proof of emancipation and other conditions.3
- A spouse wasn't of sound mind when they married.3
- A spouse was forced into the marriage or tricked into agreeing. Getting someone drunk to get them to agree counts as fraud.5
Why children rule out an annulment
Georgia law says an annulment can't be granted when children are born or are to be born as a result of the marriage. Even then, a spouse in a void marriage can file for divorce if there are grounds for one, and the divorce covers custody and child support.2, 6
Children born before a void marriage is annulled are legitimate.1
Staying together afterward can cancel the right to an annulment
If you were tricked or pressured into the marriage, then later freely agreed to stay married and lived together as spouses, the marriage becomes valid. The same is true for a marriage that was void because a spouse was too young, of unsound mind or still married to someone else, if the couple freely agreed and lived together after that problem ended.1
So if you learn something that may make your marriage void, talk to a lawyer before deciding whether to stay.
How to file
An annulment is filed in Superior Court. Service, residence, the papers you file and the court process are the same as for a divorce. That includes the rule that the person filing has lived in Georgia for 6 months.7, 8
There's one shortcut. If your spouse was personally served at least 30 days earlier and hasn't answered or contested it, the judge can grant the annulment at any time, in open court or in chambers.7
A minor or a person of unsound mind can have someone else, called a next friend, file for them.9
What the decree does
An annulment decree has the effect of a total divorce and puts both of you back in the position you were in before the marriage.10
It doesn't erase any crime connected with the marriage. Knowingly marrying a close relative, for example, is a crime in Georgia, and the annulment doesn't change that.4, 10
Questions you might ask a lawyer
- Does what happened make my marriage void under Georgia law, or do I need a divorce?
- Did we stay together long enough after I found out that an annulment is no longer possible?
- How will property and debts be handled if the marriage is annulled?
- Would a divorce be faster or simpler in my situation?
Common questions
Can I get an annulment in Georgia because the marriage was short?
Not for that reason alone. Georgia annuls only marriages the law treats as void, such as bigamy, close relatives, being underage or being forced or tricked into it. Otherwise, the way to end the marriage is a divorce.1
Can I get an annulment if we have a child?
No. Georgia doesn't allow an annulment when children are born or are expected from the marriage. You can file for divorce instead.2, 6
Do I need to live in Georgia to get an annulment here?
Yes. The same residence rules as divorce apply, so the person filing generally needs to have lived in Georgia for 6 months.7, 8
Is a church annulment the same as a legal annulment?
No. A religious annulment is decided by the religious body and doesn't end the marriage under Georgia law. To end it legally, you need a decree from a Georgia Superior Court.2
Sources
- ^ O.C.G.A. § 19-3-5, void marriages and later ratification (Justia)
- ^ O.C.G.A. § 19-4-1, which marriages can be annulled (Justia)
- ^ O.C.G.A. § 19-3-2, who can marry (Justia)
- ^ O.C.G.A. § 19-3-3, relatives who can't marry (WomensLaw.org)
- ^ O.C.G.A. § 19-3-4, consent and fraud (Justia)
- ^ O.C.G.A. § 19-4-2, annulment or divorce for a void marriage (Justia)
- ^ O.C.G.A. § 19-4-4, annulment procedure (Justia)
- ^ O.C.G.A. § 19-5-2, residence requirements (Justia)
- ^ O.C.G.A. § 19-4-3, filing by next friend (Justia)
- ^ O.C.G.A. § 19-4-5, effect of an annulment (Justia)
Laws and court rules change. If something here looks out of date, email help@divorce.city.