There may be numerous reasons why a person or a couple might want to have their marriage annulled instead of going through the process of divorce. While the reasons may be personal, the Judicial Branch of Georgia Courts states that there are specific criteria and circumstances that must be met under Georgia law before the process for annulling the marriage can proceed. If the evidence does not satisfy Georgia Marriage Annulment Law, the marriage would not be annulled and the only other option to end the marriage would be through divorce.
Georgia Annulment versus Georgia Divorce
For a Georgia divorce, each party will receive a legal decree of divorce that certifies the dissolution of the marriage. When a Douglasville marriage annulment is granted, each party will receive a legal certificate that states the marriage was never valid and never occurred. While in both cases the marriage has legally been ended, the annulment erases all prior legal bonds in that both parties can say they were never married. Discussion of the pros and cons of either a Georgia marriage annulment or a divorce with an experienced Georgia annulment and divorce lawyer will give you legal guidance to make the best decision for you and all concerned.
Georgia Annulment Law and Criteria
In the State of Georgia the Judicial system bases its decision to allow a marriage annulment to very specific criteria that must be met or an annulment cannot be granted. Filing for Georgia marriage annulment can be made by the parties themselves, or friends and family members who express concern regarding the marriage. Representation by an experienced Douglasville marriage annulment attorney is important in determining eligibility and in working within the legal requirements, rules, and regulations to ensure that your marriage annulment is official, legal, and cannot be retracted.
While your Georgia marriage annulment lawyer may be able to argue any of the following criteria in your favor, Georgia law requires that an annulment may only be awarded if there is evidence of any of the following:
- Anyone involved in a marriage of incest may have the marriage annulled (i.e., parent and child or stepchild, uncle and niece, grandparent and grandchild, and any such similar alliances meet the requirement for a Georgia marriage annulment.
- Any marriage where the mental capacity of one partner was compromised or altered either permanently or temporarily; documentation or evidence would be required to prove this exists.
- Any marriage where either one or both of the partners were under the age of 16 at the time of the legal union.
- Any marriage where either one or both of the partners were still legally married to someone else; the new marriage would be annulled since there was still a current legal marriage noted on the record books.
- Any marriage where either one or both partners were forced into marriage for any reason (i.e., promise of money, threat of injury or death, fear of retribution, family arranged the marriage against the will of one or both partners, etc).
- Any marriage where one or both partners represented themselves falsely or information was concealed or hidden to deceive the other partner (i.e., history of arrests, running an illegal business, gainful employment, or lying about one of the partners being pregnant, etc).
In addition to the above criteria, a Georgia marriage annulment would not be given if a child or children had been born during the marriage, or if the wife was presently pregnant. The only recourse in these situations would be to file for divorce. If you have extenuating circumstances, such as you and your partner both have children, but not with each other, or if the wife is expecting a child that is not the husbands for example, then it is critical to obtain legal advice and guidance. Call for a free confidential consultation with your Douglasville marriage annulment lawyers Miller & Hightower where your specific circumstances will be carefully assessed.
Douglasville Marriage Annulment Attorney
Making the decision to end a marriage, either by annulment or through divorce, is an emotional decision that impacts not only the couple, but friends and family, as well as co-workers and even the community. You need an attorney and team that is well versed and experienced in Georgia annulment law and is prepared to explain the legal ramifications of a Georgia marriage annulment. Call Miller & Hightower, your Douglasville family law attorneys for a free confidential consultation and get your life back on track.