A person has two options to end a marriage in Georgia - annulment or divorce. An annulment is much harder to come by and may only be granted in the case of a marriage declared void by law. OCGA §19-4-1. In Georgia, "marriages of persons unable to contract, unwilling to contract, or fraudulentlyinduced to contract shall be void." OCGA §19-3-5(a). Thus, a person may get an annulment if he/she canprove the marriage is void for one of the above reasons. However, in the case of a spouse unwilling to conrtact or fraudulently induced into contract, a subsequent consent and ratification of themarriage, freely and voluntarily made, accompanied by cohabitation as husband and wife shall render the marriage valid." OCGA §19-3-5(b). In that situation, an annulment would not be granted and the person's only option for endingthe marriage is divorce.
In addition, Georgia law is clear that an annulment may not be granted "in instances where children are born or are to be born as a result of the marriage." OCGA §19-4-1.
If an annulment is granted, it "shall have the effect of a total divorce between the parties of a void marriage and shall return the parties thereto to their original status before marriage." OCGA §19-4-5. The main difference is the parties will walk away as if the marriage never happened, as opposed todivorce where there may be equitable division and/or alimony.