Annulment of Marriage in Georgia



Quick Guide to Annulments in Georgia 

Laws for Annulments of Marriages in Georgia

Laws concerning the annulment of marriage in Georgia are listed under Chapter 19 of the GA official code.  There are several sections that address the topic of annulment, and the state of Georgia is somewhat strict on annulments compared to other states.  According to Section 19-4-1 of the official code:  

“Annulments of marriages [in Georgia] declared void by law may be granted by the superior court, except that annulments may not be granted in instances where children are born or are to be born as a result of the marriage.” 

If the cohabitation of the parents is in the best interests of the child or future child, a court may not grant an annulment of marriage in Georgia.  Yet, these cases are rare, and courts will usually grant an annulment of marriage in Georgia in the following cases according to Section 19-3-2 of the official code: 

• a parent has married a child, a parent has married a stepchild, a grandparent has married a grandchild, or an aunt or uncle has married their nephew or niece 

• either party did not have mental capacity during the contract 

• either party was under 16 when they entered the marriage 

• either party was forced into the marriage 

• either party entered into the contract using fraud 

• there was bigamy 

Steps for Annulments of Marriages in Georgia

In order to legally undergo an annulment of marriage in Georgia, the party seeking the annulment must first qualify in one of the factors listed above.  If the parties have children and property that needs divided, it’s always a good idea to hire an attorney when seeking an annulment of marriage in Georgia.  Follow these steps closely:  

1. Fill out court forms: you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in Michigan, and you’ll have to file a petition with your county’s superior court as well.  All of the forms you’ll need for annulments of marriages in Georgia can be found under the southern judicial circuit in GA

2. File the forms with the clerk: you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary forms for child support, spousal support, or other issues within annulments of marriages in Georgia.  For a complete list of all superior courts in GA.

3. Serve the forms to the other party: you can have the court send the documents for the annulment of marriage in Georgia to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.   

4. Set up a court hearing: annulments of marriage in Georgia must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial.

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