No. Not in Georgia anyway. As Georgia divorce attorneys we have often found that it is a common misnomer that failure to consummate a marriage is grounds for an annulment. Although this may be true in some states, just as laws concerning other areas of the law vary from state to state, divorce and other domestic relations laws often vary from state to state too. In fact, it is very common for divorce laws to vary widely between states. This is why it is imperative for those considering divorce in Georgia to consult an attorney who is familiar with the specific requirements and distinctions in Georgia divorce law.
Back to the question at hand though, failure to consummate is not a grounds for annulment in Georgia, but there are six other reasons that a couple may seek an annulment according to the state law. These grounds include:
1) intermarriage between the parties, such intermarriage between a father and daughter;
2) one of the parties is under 16 years of age;
3) one of the parties did not have sufficient mental capacity at the time of the marriage;
4) one of the parties was committing bigamy, meaning one spouse was married to someone else at the time of the marriage;
5) force, menace, or duress was used in obtaining the marriage; and
6) fraud.
See generally O.C.G.A. ยง19-3-3; 19-3-4; 19-3-5.