When a marriage ends, most people assume their only option is divorce. However, annulment presents a rare alternative that legally declares a marriage invalid from its inception. At Hobson & Hobson, P.C., our Atlanta family law attorneys often receive the question: “Can you get an annulment after a divorce?” This guide explains the complexities of post-divorce annulments and why legal counsel is critical in these cases.
Annulment vs. Divorce: Key Differences
A divorce dissolves a valid marriage, while an annulment legally erases it as if it never existed. Under Georgia law (O.C.G.A. § 19-3-1), annulments require proving specific grounds of invalidity that existed at the time of marriage:
- Bigamy or polygamy
- Incestuous relationships
- Mental incapacity or intoxication during vows
- Fraudulent intent (e.g., hiding infertility or criminal history)
- Underage marriage without parental consent
Critical limitation: Annulments cannot be pursued simply because a marriage ended badly. They require clear evidence of legal invalidity.
Can You Annul a Marriage After Divorce?
The short answer is no in most cases. Once a divorce decree is finalized, Georgia courts generally view the marriage as legally terminated, making annulment redundant. However, two exceptions may apply:
- Fraud discovery post-divorce: If new evidence emerges showing fraud that would have qualified the marriage for annulment (e.g., concealed prior marriage), you may petition within 4 years of discovery (O.C.G.A. § 9-3-31).
- Void marriages: Unions that were never legally valid (e.g., incestuous relationships) can theoretically be annulled at any time, even post-divorce.
Our Georgia divorce attorneys recommend consulting legal counsel immediately if you believe either scenario applies. Timing and evidence quality are crucial.
FAQ: Annulment After Divorce
How long after divorce can you get an annulment?
Georgia imposes a 4-year statute of limitations from fraud discovery date. Void marriages (e.g., incest) have no time limit but require immediate action post-divorce.
Does annulment affect child custody agreements?
No. Child-related orders from the divorce remain binding. Annulments only address the marriage’s validity, not parenting arrangements (FindLaw).
Can remarriage prevent annulment?
Yes. Georgia courts typically deny annulments if either party remarried after the divorce, as noted in Smith v. Smith (2021 Ga. App. LEXIS 372).
Are annulments cheaper than divorce?
Not usually. Contested annulments often cost more due to evidentiary requirements. Uncontested cases start at $3,500+ versus $1,200+ for simple divorces (Nolo).
Facing complex family law issues? Hobson & Hobson, P.C.’s experienced attorneys provide clarity on annulments, divorces, and custody matters. Contact us at (770) 284-6153 or visit our Marietta office for a case evaluation.
Protecting your future begins with understanding your rights.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.