An annulment is different from a divorce or separation in that an annulment invalidates that the marriage ever legally existed by stating that some external circumstance made the marriage invalid from the start. In Georgia the concept of marriage is analyzed under heavy skepticism and it is generally advised that the parties seek a divorce if the party’s case does not precisely meet one of the six qualifications required to obtain an annulment. In Georgia, grounds for annulment include:
1) Intermarriage – The parties to the marriage were related to each other; such as, a marriage between parent and child, brother and sister, step parent to step child, step child to child, uncle to niece, or aunt to nephew.
2) Under Age – One of the parties to the marriage is under 16 years of age and was married without parental consent.
3) Lack of Capacity – One of the parties did not have sufficient mental capacity at the time of the marriage- temporary lacks of capacity, lack of capacity to consent due to mental illness and or intoxication may apply.
4) Bigamy – One of the parties was legally married to someone else at the time of the marriage.
5) Force – Force, menace, or duress was used to obtain the marriage.
6) Fraud – The marriage was obtained due to the fraud of a party.
However, the mere fact that a marriage is very short is not a reason under Georgia law to be granted an annulment. While it can be a factor in proving your case for an annulment – it cannot be the basis for the annulment.
If your case involves children or pregnancy that involves the other party then you will not be able to obtain an annulment and you will need to file for a divorce. Also if your case does not explicitly meet one of the previous criteria to obtain an annulment then you should either consider a divorce or uncontested divorce proceeding. Of the previously mentioned six qualifications for annulment the last two are the most frequent. However, it is possible to file for annulment under any one of the six requirements if they do in fact represent your current situation.
Forced Marriage:
According to O.C.G.A. 19-3-4, “all contracts or bonds made to hinder or to force the marriage are deemed fraudulent and void.” Forced marriage has a wide variety of implications and has generally referred to in the southern states as a shot gun wedding. As of 1943 Georgia recognized a broader scope of force that may also be recognized as force in relation to the force requirement to obtain an annulment.” In the case of Baxter v. Rogers, 195 Ga. 274 (1943) the Georgia courts found that marriages entered into as a result of contract forcing the parties to marry or as a result of one party’s drunkenness are invalid and subject to annulment.” This initial ruling has led the way for a broader implementations of force that may also constitute an annulment; which allows for annulments to be granted under special circumstances.
Fraud:
Fraud is another frequent concern in relation to annulment. “ O.C.G.A. 19-3-5 states, to constitute an actual contract of marriage the parties must consent there to voluntarily without any fraud practiced upon either.” The definition of fraud has also expanded to include specialized situations in which one party is induced to marry the other under false or fraudulent pretenses. In the case of Reynolds v. Reynolds, 153 Ga. 490 (1922) the state determined that false pregnancies or pregnancies that are the result of a different father that are used to coheres the father into marrying are in fact fraudulent. In the case of Reynolds v. Reynolds 1922 the husband was induced to marry after being told by his wife that she was pregnant with his child although she was in fact pregnant with a child that was knowingly not his. Annulments made on the basis of fraud are generally granted depending on the patterns of fact and the totality of the circumstances in the case.
To determine if annulment is the best option for the resolution of your particular case you should contact an attorney with family law experience. The attorneys of the Coleman Legal Group LLP Have extensive experience with divorce and other divorce alternatives and can assist you in evaluating your case today – contact us at 770-609-1247 to speak with an experienced divorce and annulment attorney today.
