Meriwether & Tharp, LLC
6788799000 Meriwether & Tharp, LLC 1545 Peachtree Street NE, Suite 300 Varied
If you have divorce questions

Can You Annul a Marriage in Georgia?

Annulment vs. Divorce

Although divorce is the most common way a marriage is terminated, a Georgia marriage may also be terminated through an annulment. While a decree of divorce terminates an existing and valid marriage, an annulment declares that, due to a legal barrier, no valid marriage occurred at the time of the marriage ceremony.

Thus, annulment is available for defective marriages which are legally void or voidable. The grounds for annulment include bigamy/polygamy, consanguinity, insufficient age, incurable physical impotence, lack of capacity, mental incompetence, duress, or fraud.

Despite the many possible reasons for an annulment, because a divorce may be declared without fault being placed on either party, petitions for annulment are rarely used in Georgia. However, it is important to note that if a child was conceived or born as a result of the marriage, an annulment will not be granted in Georgia. Annulments may be relevant to immigration or social security disputes since a marriage is required in order for a spouse to be eligible to obtain certain benefits.

Void vs. Voidable

A void marriage is ineffective from the beginning and cannot be corrected or made official. The marriage is invalid because it has failed to meet the essential requirements of a marriage.

In contrast, a voidable marriage involves an event or condition which influences the suitability of a party's consent to the marriage contract. However, the marriage can be upheld if the aggrieved party continues in the marriage once the issue has been corrected.

If an annulment is ordered by the court, the marriage is set aside as if it never existed, and the parties return to their previous status as individuals who have not been married.

If you would like to learn more about annulment and/or you think annulment may be applicable to your case, contact us today for a free over the phone consultation with an experienced family law attorney.

Written by: Rebekah Ann James


Considering Divorce
Back to Blog