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