Best Annulment Lawyers in Georgia

About Annulment Law in Georgia, United States

Annulment is a legal process that declares a marriage null and void, as though it never legally existed. In Georgia, annulment is different from divorce. While divorce ends a valid marriage, annulment establishes that the marriage was invalid from the beginning. Annulments in Georgia are granted only under specific circumstances. It is important for anyone considering annulment to understand how Georgia law defines and treats annulments, as the requirements and outcomes may differ significantly from those of a divorce.

Why You May Need a Lawyer

Seeking legal advice is strongly recommended if you wish to pursue an annulment in Georgia. A lawyer can help you navigate the complexities of annulment law and ensure your rights are protected. Common situations where legal help can be invaluable include:

• Determining if you are eligible for an annulment based on Georgia's strict legal criteria
• Filing the correct forms and meeting all procedural requirements
• Understanding how annulment may affect issues such as property, finances, and children
• Dealing with disputes or objections from your spouse
• Ensuring you have all the required evidence and documentation to support your case
• Representing you in court if the annulment is contested

A knowledgeable attorney can clarify each step, improve your chances of success, and help you avoid costly mistakes.

Local Laws Overview

Georgia law only permits annulment in limited circumstances. The official legal grounds include situations where the marriage was invalid from the start, such as:

• One or both parties were underage and did not have parental consent
• One or both parties were mentally incompetent at the time of marriage
• The marriage involved prohibited close relatives (incest)
• One party was already legally married to someone else (bigamy)
• There was fraud, duress, or force used to obtain consent to marry

If children were born to the couple during the marriage, Georgia courts typically will not grant an annulment, but may offer divorce proceedings instead. The annulment process starts by filing a petition in the appropriate county court. It is crucial to meet all legal criteria for an annulment to be granted.

Frequently Asked Questions

What is the difference between an annulment and a divorce?

An annulment establishes that a marriage was never legally valid, while a divorce ends a valid marriage. After an annulment, it is as if the marriage never happened in the eyes of the law.

What are valid grounds for annulment in Georgia?

Valid grounds include underage marriage without consent, mental incapacity, incest, bigamy, and marriages entered into through fraud, force, or duress.

Can we get an annulment if we have children together?

Generally, Georgia courts will not grant an annulment if the couple has children. In such cases, divorce is the usual legal remedy.

How long do you have to file for an annulment in Georgia?

There is no specific time limit for filing an annulment, but you should file as soon as possible after discovering the legal defect in your marriage.

Do both spouses have to agree to an annulment?

No. One spouse can file for annulment without the other's consent. However, if the other spouse contests the annulment, the process can become more complex.

What is the legal process for getting an annulment?

The process involves filing a petition in the county where either spouse resides. A judge will review the evidence to decide if the grounds for annulment are met.

Is property division handled differently in an annulment?

Since an annulment treats the marriage as never legally existing, property division may differ from divorce. The court may attempt to restore each party to their pre-marriage status.

Will annulment affect spousal support or alimony?

Typically, alimony is not awarded in annulment cases, as there is no legally recognized marriage. Unique circumstances may result in exceptions, so legal advice is essential.

Can I remarry after receiving an annulment?

Yes, once your marriage has been annulled, you are considered legally single and eligible to remarry.

Do annulment records appear on public record?

Like most court proceedings, annulment records are part of the public record. Privacy can only be granted in special cases by court order.

Additional Resources

• Georgia Department of Human Services Division of Child Support Services - for information on child support and custody.
• Georgia Legal Services Program - offers help and information for those who qualify.
• State Bar of Georgia - provides a lawyer referral service and legal resources.
• Local county Superior Court Clerk's office - for filing and case information.

Next Steps

If you are considering annulment in Georgia, start by gathering all relevant documents about your marriage. Write down important details about your situation, including any evidence supporting your eligibility for annulment. Next, consult with a qualified family law attorney who has experience in annulment cases. They will help you evaluate your case, explain your options, and guide you through the legal process. Be prepared to discuss your reasons for seeking annulment and share any concerns you have about property, finances, or children. Taking action early and with proper legal guidance can make the process smoother and increase your chances of achieving your desired outcome.