Frequently Asked Questions About Annulment

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What is an Annulment?

Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree declaring a marriage void from its inception. Annulments are rare and only granted in unusual circumstances.

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On what grounds can I receive an annulment?

You may receive an annulment if . . .

• You and your spouse are related as follows: parent/child, stepchild; grandparent/grandchild; aunt/nephew; uncle/niece.
• You did not have the mental capacity to enter into a contract.
• You were under the age of 16 when you entered into your marriage.
• You were forced to enter into the marriage.
• 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.

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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 a proper ground for an annulment. If you do not satisfy one of the conditions listed above, then you must file a petition for divorce to dissolve your marriage.

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May I obtain an annulment if I have had or will have children with my current spouse?

If there are children born or to be born resulting from the purported marriage, then the general rule is that you cannot file a petition for annulment. If you and your spouse do have children, and you believe that you satisfy the requirements for an annulment, you should speak with an attorney.

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How long does an annulment take?

The procedures for an annulment are the same as for a divorce action except that a final judgement and decree can be granted thirty days after the opposing party has been served. After a court issues a final judgement and decree, you can remarry. Legally, it will be as if you were never married to your current spouse.

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May I receive alimony if my marriage is annulled?

You can request an award of temporary alimony. However, you cannot request an award of permanent alimony.

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How long do I have to wait before I can get married again?

Again, you can remarry after a court issues a final judgement and decree, which usually takes thirty days from the day that the opposing party was served.

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Why would I ever need to file for an annulment?

If you die prior to having your invalid marriage annulled, then your purported spouse may make a claim against your estate that he/she would otherwise not be eligible to make. In addition to declaring the marriage invalid, a decree of annulment can determine ownership of jointly owned property, responsibility for joint debts, and restore former name.

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How long do I need to live in Georgia before I can file for an annulment and where do I file?

You must have lived in Georgia for six months and you must file in the county where you reside.