Grounds For Annulment in Georgia - The Atlanta Family Law News Blog

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Grounds For Annulment in Georgia

Instead of getting a divorce, some married couples will instead choose to end their relationship by having their marriage annulled. the most famous recent example of an annulment was of course, Kenny Chesney and Renee Zellweger in 2005.

An annulment means that a marriage between the two parties was never valid, which in turn means that the legal rights of the marriage can be considered void. For example, no permanent alimony, succession rights, or marital property rights can be awarded if a couple separates by annulment.

Yet annulments in the state of Georgia are rare, mostly because an annulment can only be granted by a judge under unusual circumstances. The Fulton County Superior Court lists the following grounds under which a person in the state can have a marriage annulled.

  1. The two spouses are related (parent/child or stepchild; grandparent/grandchild; aunt/nephew; uncle/niece)
  2. At least one person in the marriage did not have the mental capacity to enter into a contract
  3. A person was under the age of 16 when he or she entered the marriage
  4. A person was forced to enter into the marriage
  5. A person was fraudulently induced to enter into the marriage
  6. A spouse was already married to somebody else when entering into another marriage

After a final order is issued by the court that grants an annulment, both parties are free to remarry at anytime. In Georgia, there's no set time limit for when an annulment can be issued. However, the marriage cannot usually be annulled after children are born as a result of the purported marriage. Divorce is pretty much always an option if an annulment cannot be granted.

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