How Do I Have My Marriage Annulled Under Georgia Law?
In Georgia when a divorce is granted, the couple receives a decree of divorce through the court system that certifies the dissolution of the marriage. When an annulment is allowed, the couple receive a certificate that declares that the marriage was never valid and never occurred. According to the Judicial Branch of Georgia Courts, Georgia marriage annulments are not commonplace in the State of Georgia and specific criteria need to be met in order to qualify for an annulment.
What are the Criteria for a Georgia Annulment?
Georgia law is very specific in what circumstances qualify a married couple for annulment. Georgia Annulment Law states that an annulment may be ordered if there is evidence of;
- Marriages of an incestual relationship such as marriage of parent and child, parent and stepchild, aunt and nephew, grandparent and grandchild and so forth.
- Marriages where the mental capacity of one partner was compromised or altered either permanently or temporarily
- Marriages where one or both partners were under the age of 16
- Marriages where one or both partners were coerced or forced into a legal bond
- Marriages where one or both partners were still legally married to another person
- Marriages where one or both partners represented themselves fraudulently or where there are issues that were intentionally concealed or hidden from the other partner, such as an illegal lifestyle, one person is impotent, or where the woman is not pregnant as believed.
Georgia Marriage Annulment Attorney
If the marriage qualifies for an annulment by meeting one of the criteria above, a Georgia annulment would not be granted if a child had been born during the marriage or if the wife was currently pregnant. According to O.C.G.A. ß 19-4-1 , in the case where a child was conceived or born of the marriage the only recourse left would be to file for divorce. If you and your spouse have children together but believe that you meet the requirements for a Georgia annulment call a Georgia marriage annulment attorney for a free consultation of your situation.
Outside Parties Can File for a Couple’s Marriage Annulment
Under Georgia Marriage Annulment law, the annulment proceedings may be filed by a “next friend” which is someone who is acting on behalf of one or both of the partners in the marriage. The criteria for marriage annulment would still have to be satisfied, however direct family members, extended relatives, friends, or concerned parties may step in to file the marriage annulment petition as the “next friend” under Georgia law. The consultation with an expert in Georgia Marriage Annulment law is critical for positive outcomes in the court system.
If you are looking to have your marriage annulled, call on a law team who is well versed on Georgia annulment law. The respected Atlanta law offices of Coleman, Chambers & Rogers are experienced and able to guide you through the legal proceedings as well as legal ramifications of a marriage annulment. Call today for a free legal consultation.