Crystal Wright | June 8, 2022 | Family Law
A divorce ends your marriage. An annulment makes it, legally speaking, like your marriage never happened.
If you meet certain requirements, an annulment may be an option for you in Lawrenceville, GA. To help you get an annulment, speak with an experienced annulment lawyer.
Georgia Annulment Requirements
Not every marriage is eligible for an annulment. Under Georgia law, you and your spouse must have been legally married, and you meet at least one of the following requirements:
- You and your spouse are directly related by blood as parent/child or stepchild; grandparent/grandchild; aunt/nephew; or uncle/niece
- You did not have the mental capacity to assent to a marriage
- You were under 16 when you got married
- You were forced or fraudulently induced to marry
- Your spouse was married to another living spouse when you got married
If you have minor children, you might not be eligible for an annulment. In some states, you can be granted an annulment simply because your marriage was for a short period of time. This is not a valid reason for annulment in Georgia.
Essentially, any marriage that violates Georgia law is eligible for annulment. However, making this determination alone can seem overwhelming, so make sure you seek out proper legal guidance.
The Timeline for Getting an Annulment
If you are the one seeking the annulment, you’ll have to prove one of the above. The burden is yours to show that, for example, your spouse was legally married to someone else when you entered into your marriage. To prove this, you would need to show the court a marriage certificate showing your spouse and their other spouse are legally married.
In Georgia, an annulment process is similar to a divorce:
- Complete and file a petition for annulment
- Serve your spouse the petition
- Complete any additional paperwork required by the court
- Attend a hearing where your spouse has an opportunity to object
If your spouse doesn’t show or doesn’t object, you will receive a final annulment decree. The annulment cannot be completed in less than 30 days but doesn’t often take longer. Once you have the final annulment decree, your marriage is voided, and you can remarry.
Annulment, Alimony, and Property
An annulment may sound like the best solution when you don’t want a marriage to legally exist. There are situations where this is key to moving on with your life. While an annulment provides a similar experience to a divorce, and the ultimate goal is to end the marriage, an annulment completely voids the marriage.
However, unlike a divorce, an annulment won’t provide you with alimony, at least not permanent alimony. Because the marriage never existed, your former spouse has no obligation to financially support you.
You might be able to convince a court to provide you with temporary alimony. If a court grants this, it will only last until the court proceedings are complete and your marriage is formally erased.
However, you can still receive property from the marriage. Georgia courts are allowed to fairly divide a couple’s joint property when a marriage is annulled. But this goes both ways as the court can also fairly divide debts. So even though your marriage never existed in the legal sense, you may come away from it with additional assets or liabilities.
Speak with an Annulment Lawyer Today
Meeting annulment requirements isn’t always simple, and, even if you do, navigating the complex legal process presents numerous challenges. Partner with an experienced annulment lawyer who can help you seek the resolution you desire. To get skilled and seasoned guidance, contact Crystal Wright Law in Lawrenceville, Georgia, today.
Contact the Lawrenceville Family Law Lawyers at Crystal Wright Law To Get Legal Assistance Today
To learn more and get the help you deserve, call our divorce & family law firm at (404) 594-2143 or reach out to Crystal Wright Law online by visiting our contact us page.
You can also visit our law firm at 440 S. Perry Street Suite 105, Lawrenceville, GA 30046.