Annulment in Georgia

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Annulment in Georgia is granted in the form of court decree declaring a marriage void in the eyes of law. After the annulment is granted, the parties return to their pre-marital status. The Judgment of Annulment declares the marriage as null and non-existent in the eyes of the law. Hence, it is also known as "Declaration of Annulment". However, the religious annulment has to be availed separately as it is different from the civil annulment.

However, according to the statute of Georgia, the petition for annulment cannot be filed if the marriage has produced any children or if the wife is pregnant in the duration of marriage. The couple has to file for divorce in such case.

Grounds for Annulment in Georgia:

There are few requirements specified as the eligibility criteria for filing for an annulment. The petitioner has to fit into this criteria to be able to file for the annulment according to the statute of Georgia. These grounds are as follows:

• Consanguinity or Affinity - When the spouses are related to each other either by blood or by marriage, they are not supposed to marry each other. It is illegal according to the laws of Georgia and thus considered as a void marriage from the beginning. Consanguinity is being related by blood (half or full such as parent, grandparent, sibling, son, daughter, niece, nephew or cousin) and affinity is being related by marriage (such as step-parent, step-grandparent, step-sibling, step-cousin or other relations formed by marriage).

  The marriage between the relatives whether it is intentional or unintentional is termed as incestuous and is thus invalid. Marriage before reaching the Legal Marriageable Age - When a marriage is carried out before either party reaches the legal marriageable age, that is 16, such a marriage is deemed as invalid. Also, if a person has to marry due to some reasons, the parental or guardian consent is necessary to make the marriage legal and valid.

  Such a marriage is invalid right from its inception and thus is annulled on the basis of underage marriage.

• Fraud - When one is lured into a wedlock under the false pretenses or there is a presence of fraudulent behavior after the marriage, such a marriage is considered as invalid as the main element of a marital bond, that is honesty, is not followed through the duration of marriage.

  These false pretenses would be concealment of important information or anything that seriously undermines the smooth functioning of the marriage based on the trust of the partner. Such a marriage can be annulled on the grounds of fraud.

• Bigamy - A bigamous marriage is illicit and prohibited by the law in every state of the USA. The person entering another wedlock is committing a crime punishable by the law when he / she married another person while being already married to someone else.

  Such a marriage can be annulled on the grounds of concealment of vital information which seriously harmed the wedlock right when it was conducted; thus making it void.

• Force - Popularly known as "gunshot weddings", these weddings are carried out by the use of force, duress such as threats or violence and are void due to the lack of free consent and free will of the partner being forced.

  These marriages can be annulled on the grounds of force applied to get a person to marry another person. Such marriages are illegal and thus are considered as null and void.

• Mental Incompetency - For a marriage to be considered valid and legit, free consent of both the parties is vital. However, if a person is mentally incompetent due to temporary or permanent insanity, resorts to violent or unreasonable behavior due to a mental illness and his / her health has been deteriorating due to a chronic mental condition; he / she is unable to the free consent and his / her consent cannot be granted as valid and the marriage is considered voidable and annulled on the grounds of mental incompetence.

• Same-sex Marriage - The marriages between gay and lesbian couples are prohibited by the statute and in such cases, the marriage is considered as null and void "right from the beginning" as it was not allowed by law in the first place. Such a marriage can be annulled immediately as it is completely void.

  The name itself suggests the invalidity of the marriage and thus is illegitimate and eligible for an annulment.

There is no set time limit for filing the petition for annulment in Georgia as the grounds are limited and difficult to prove. Besides, presence of children nullifies the possibility of getting an annulment. It is a rare occurrence in this state and the parties can remarry if the annulment is granted and lead their individual lives.

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