Helping Clients Annul Their Marriages And Move Forward With Their Lives
When a marriage is annulled, the union is treated as having never existed. Unlike divorce, in which decisions regarding property division and spousal support must be made, annulment makes those decisions unnecessary. Because there was no valid marriage, there are no valid marital rights to consider once the union ends.
Based in Atlanta, the law office of Jody A. Miller represents clients throughout north Georgia.
While a divorce terminates a previously valid marriage, an annulment means that the marriage was never valid in the first place.
Annulments are granted for “invalid” marriages and once a marriage is annulled, legally the effect is as if the marriage never existed. Parties are not divorced; rather, the law deems them as having never been married in the first place.
Because annulled marriages were never valid in the eyes of the law, both parties lose any rights they would have held as a married or divorced couple. Annulled parties have no property rights, inheritance rights or claims for spousal support.
In Georgia, annulments will not be granted when children were or will be born out of the union, and when children are born before an annulment, they are considered legitimate in the eyes of the law.
Obtaining A Georgia Marriage Annulment
Under state law, a marriage will be annulled only under certain circumstances such as:
- One or both spouses did not have the mental capacity to enter into a contract at the time of the marriage.
- One or both spouses were under the age of 16 at the time of the marriage and lacked parental consent.
- One of the spouses was forced or fraudulently induced to enter the marriage.
In addition, certain marriages are prohibited under Georgia law and will be deemed invalid. These include:
- Marriages between people who are within certain degrees of familial relation by blood
- Bigamous marriages