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What is An Annulment? Can you obtain an annulment?

It’s possible, though rare, to have your marriage annulled in Georgia. Georgia law disfavors annulment, meaning that the courts look at annulment requests very skeptically and require a lot of strong proof before they’ll grant such a request.

However, it’s critical to understand that if you and your spouse already have children, or if you or your spouse are already pregnant, you cannot get an annulment under Georgia law. You’ll have to pursue a divorce if you want to end your marriage.

In Georgia, your marriage can be annulled if it is “void,” meaning that it is prohibited by law or never had the potential to be valid. The reasons, or “grounds,” for annulment are:

-One or both spouses was mentally incompetent at the time of the marriage ceremony.

-One or both spouses was underage at the time of the marriage, and didn’t obtain a parent’s or guardian’s consent.

-One or both spouses consented to the marriage only because of coercion or fraud exerted by another person.

-One spouse is still legally married to another living person (“bigamy”).

-The spouses are closely related, by blood or otherwise (“incestuous marriage”).

Even if one of the above circumstances exists, it’s possible that you may not be able to get an annulment. For instance, if you were misled into marrying your spouse because of fraud but you chose to live with your spouse in a marital relationship even after you learned about the fraud, then you’ve “ratified” the marriage and it can’t be annulled.

The reasoning is that you were the wronged spouse, but you chose to waive your complaint when you opted to live with the person who wronged you.

If you’re thinking about asking for an annulment, it’s a good idea to talk to a lawyer first. You will also want to discuss any possible statutes of limitations with an attorney to make sure you don’t miss any deadlines. Call 678-316-5000 for a consultation.

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200 West Academy Street Suite 203
Gainesville, Georgia 30501
Phone: 678-316-5000
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