October 11, 2008

What are the Georgia requirements for getting an annulment?

Fairly frequently, people call our office attempting to get an annulment of their marriage rather than a divorce. Often we find, however, that the caller is not eligible for a annulment. The reason why is that you can only seek to obtain an annulment for certain specific grounds.

In Georgia, there are six grounds for granting an annulment in Georgia. Four of these grounds fall into a category of unique cases, specifically: 1) intermarriage between the parties (such as father/daughter, etc); 2) one of the parties is under 16 years of age; 3) one of the parties did not have the mental capacity at the time of the marriage; 4) one of the parties was committing bigamy (i.e. one spouse was married to someone else at the time of the marriage). Outside of these four unique factual circumstances, there are really only two grounds for annulment that are commonly used in Georgia: 1) Force, menace, or duress was used in obtaining the marriage; 2) Fraud.

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