No, both parties do not have to agree to get an annulment in Georgia. However, the courts do not grant annulments commonly and you must meet certain requirements before they will consider granting an annulment.
If you are ending your marriage, it is important to understand the law and whether you meet the criteria for getting an annulment. An experienced Atlanta divorce attorney can help you review your legal options and determine if an annulment or a divorce is best for your situation.
What is an Annulment?
An annulment is a civil legal process that declares a marriage null and void. This means that according to the state of Georgia, your marriage never existed. This is different from a divorce, which is the legal termination of a valid marriage. A civil annulment differs from a religious annulment. These annulments are only granted by a clergy member.
Courts do not often consider annulment and they look skeptically on individuals seeking one. Although possible to get an annulment, you’ll have to meet certain criteria and show the courts evidence to back up your claims. Simply wanting an annulment is not enough. The courts will want strong proof.
What Are the Requirements for Getting an Annulment in Georgia?
In Georgia, you must meet specific requirements before a court will grant an annulment. These requirements include:
- One or both parties must have been under the age of 16 at the time of the marriage.
- One or both parties were mentally incapacitated at the time of the marriage, meaning they were unable to understand the nature of the marriage contract.
- One or both parties were under duress or fraudulently induced into the marriage.
- The marriage is between close blood relatives.
- One of the parties was still legally married to someone else at the time of the marriage.
What If We Have Kids?
Many couples worry that if they get an annulment, their children will be illegitimate. This is not true, because you cannot get an annulment under Georgia law if you have children during the marriage. Also, you cannot get an annulment if you’re pregnant. If either of these situations applies, you’ll need to divorce your spouse in order to end your marriage.
Should I Choose an Annulment or a Divorce?
There are some benefits to getting an annulment. However, the disadvantages may outweigh the benefits. Talk to an experienced Atlanta divorce attorney before proceeding, so you can protect your rights to property, support, and more.
Benefits of an Annulment. Unlike divorce, which typically requires a six-month residency before filing a petition for dissolution, there is no minimum residence requirement for obtaining an annulment. There is also no mandatory waiting period, unlike divorce in Georgia which requires parties to wait six months after filing before a final judgment is issued.
Disadvantages of an Annulment. In a divorce, marital property is divided according to the principle of equitable distribution. However, since your marriage never existed, property division in an annulment may require proof that certain property was acquired during the invalid marriage. Spousal support is also not typically awarded in an annulment.
If you are considering getting an annulment in Georgia, it is important to speak with a qualified Atlanta family law attorney who can advise you on your specific situation and guide you through the legal process. Keep in mind that an annulment can be a more complicated and difficult process than a divorce, and may not be available in all circumstances.
Ultimately, whether you choose to pursue an annulment or a divorce will depend on your individual circumstances and goals. If you have questions about which option is right for you, consulting with a knowledgeable attorney can help you make an informed decision.
Contact Our Experienced Atlanta Divorce Attorneys
If you’re considering an annulment in Georgia, it’s important to consult with an experienced divorce attorney. Annulments can be a complex legal process; without professional guidance, you risk making costly mistakes.
At Hobson & Hobson, P.C., our skilled divorce attorneys have the expertise and knowledge to guide you through the annulment process in Georgia. We understand that every case is unique and are here to listen to your needs and concerns.
So why not call us at (770) 284-6153 to schedule a consultation? During this meeting, we can discuss your legal options and determine the best course of action for your specific situation.
Don’t risk your future by going it alone. Contact us today to get the legal support you need and deserve.
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.