Separating from your spouse can be a difficult process; it can cause high amounts of stress and maybe even be costly. In some instances, the court may actually grant an annulment to a couple if they meet certain criteria. However, keep in mind that it is not common for annulments to be granted. Below are some question we have had in regards to annulments. If you have questions about divorce or annulments, contact an attorney to see if they can answer your questions.
What is an annulment?
An annulment is simply the legal declaration of marriage being void. In other words, an annulment pretty much erases the marriage, as if it never took place. However, there are some criteria that need to be met in order to receive an annulment.
What criteria do we need to meet to be eligible to receive an annulment?
You are able to annul your marriage if you and your spouse are related either as parent and child or stepchild; grandparent and grandchild, aunt and nephew, uncle and niece; if one of the spouses did not have the mental capacity to enter into a contract, if one of the spouses was younger than 16 years old when they entered the marriage, one of the spouses was forced into the marriage or fraudulently induced into the marriage, or if one of the spouses was already married to another living person at the time that they entered into the marriage.
If my spouse and I were only married less than a year, can we get an annulment?
Yes, but the length of a marriage has no effect on whether the marriage can be annulled much less proper grounds for an annulment. If none of the mentioned circumstances apply to your situation, you will need to file for a divorce.
If we had children while we were married, can we still get an annulment?
No, if the spouses had any children during the marriage, they are not allowed to file for annulment. However, if the mentioned circumstances apply to you, but you still had children, it is recommended that you seek legal advice.
My husband and I are getting an annulment, can I still get alimony?
No, permanent alimony will not be granted during an annulment. However, if you are in need some assistance, you can file for temporary alimony, but it will not last long.
Are there any residency requirements?
Yes, you must a resident of the state of Georgia for at least 6 months before you are able to file for an annulment.
How long does an annulment take?
The process for an annulment is similar to a divorce, except for the final judgement. So the time it will take to get the marriage annulled partially depends on the spouses and their cooperation. The court’s specific timeline and requirements for your case will also be a large determining factor in how long an annulment may take. Most annulments take 90 days to a year to complete.
How soon can I get remarried?
It is possible to get remarried after the judge has officially given the decree making your marriage annulled.
