How to Get Annulled and Other FAQs

Annulment is often compared to divorce in that they both allow married couples to become unmarried. Annulment, however, is different from divorce and may be more appropriate in certain situations. Here’s what you need to know about getting your marriage annulled in Georgia. For case-specific legal advice, call our experienced family law attorney.

What is Annulment?

Annulment is a court order that declares a marriage was never valid from the beginning. This official declaration is rarely given in Georgia, as courts require very strong proof that a marriage is void. Still, it is possible to get a marriage annulled in special circumstances.

How is Annulment Different from Divorce?

The main difference is that annulment declares the marriage as void from the start, so in the eyes of the law, it never really existed. Meanwhile, divorce officially ends a legally valid marriage.

Is Annulment Legal in Georgia?

Yes, annulment is legal in Georgia and you may initiate the petition with the Superior Court in the state. Note that the annulment we discuss in this article is civil annulment, not religious annulment. The latter can only occur within a specific religion and is not binding under Georgia law. If you wish to have your marriage voided for legal purposes, you must get a civil annulment.

Grounds for Annulment: What Qualifies for an Annulment in Georgia?

A marriage may qualify for annulment in Georgia if any of the following grounds apply:

• The two spouses are related by blood or by family member’s marriage.
• Either spouse was under 16 years old when they got married.
• Either spouse did not have the mental capacity to enter the marriage.
• Either spouse was forced into the marriage.
• Either spouse was fraudulently misled to marry.
• Either spouse was already married to another living person.

One condition to get annulled in Georgia is that the marriage must not have produced a child. If you and your partner had a child during the supposed marriage, the court will likely require you to get a divorce instead of an annulment. But if you believe your situation truly warrants an annulment despite having a child, speak with an attorney about your options.

Annulment Process: How to Get an Annulment in Georgia

First, you or your partner must meet the requirement to reside in Georgia for at least six consecutive months. You can then file the petition to annul your marriage at the Superior Court in your county where your partner lives.

Once your petition is filed, you must “serve” (deliver) the initial documents to your partner. Follow any of the court’s prescribed service processes. The most common is by having the Sheriff’s Department deliver the papers to your partner.

The court will schedule a hearing that you must attend. Here, you’ll have the opportunity to present your story and prove that you meet the grounds for annulment. Georgia courts are extremely skeptical of annulment requests, so you’ll want to prepare a solid case. An competent attorney will be indispensable in helping convince the court to grant the annulment.

How Long Does It Take to Annul a Marriage in Georgia?

The annulment process in Georgia can take as little as 30 days from the day your spouse is served. However, you can expect a few delays, especially if the court has a busy schedule. In addition, the more complicated your case is, the longer it will take for the procedure to complete. The judge may request more documents or add more court dates before deciding on your petition.

How Much Does It Cost to Get an Annulment in Georgia?

The cost of filing for annulment depends on the court in your county. In Gwinnett County, the filing fee for annulment is the same as for divorce, which is $216 as of May 2023 (subject to change). Other expenses may also come up such as lawyer fees and documentary costs. It’s not uncommon for an annulment in Georgia to cost from $2,000 to $4,000 in total.

Is There Alimony in a Georgia Annulment?

Since annulment means the marriage wasn’t legally valid in the first place, there is no permanent alimony or spousal support in a Georgia annulment. Neither spouse can request it from the court. In some cases, however, a lower-earning spouse may request for temporary alimony to financially support them while the process is ongoing.

Is There Property Division in a Georgia Annulment?

Yes, Georgia annulment can include property division if the two spouses have shared assets, shared debts, or both. The court will divide these equitably between the two parties. If you want to protect your assets from unfair property distribution, you should get the guidance of an experienced lawyer.

Contact a Georgia Divorce & Annulment Attorney

Attorney Sharon Jackson has over 20 years of experience handling divorce and annulment cases in Georgia. With her tenacity and in-depth familiarity of the Georgia Family Court system, she has obtained favorable results for spouses undergoing complex legal procedures.

Talk to Attorney Jackson if you’re considering an annulment. Schedule your confidential consultation by calling (678) 909-4100 today.