An annulment is a legal proceeding that legally nullifies a void marriage. Annulments are rare today. It is not sufficient that there is adultery, abandonment, abuse, etc. These would be grounds for a divorce.
An annulment can only be granted if the marriage is void. A void marriage is a marriage of persons unwilling to marry, fraudulently induced to marry (tricked into the marriage by deceit, for example)) or unable to contract a marriage.
To be able to contract a marriage, a person may not already be married unless the marriage has been dissolved (i.e., there was a divorce or annulment of the prior marriage). To be able to contract a marriage, the parties must be of sound mind and at least 18 years of age (or 16 or 17 with parental consent). Finally, the parties may not be related by blood or marriage in any of the following relationships:
(1) Father and daughter or stepdaughter;
(2) Mother and son or stepson;
(3) Brother and sister of the whole blood or the half blood;
(4) Grandparent and grandchild;
(5) Aunt and nephew; or
(6) Uncle and niece
In Georgia, an annulment may not be granted if a child has been born to the marriage or the wife is pregnant.
If you have questions about divorce or annulment, contact Attorney Nancy Burnett. You can message Nancy on our Facebook Page or email her at firstname.lastname@example.org. Call her legal assistant or leave a message for Nancy at (706) 913-3396. For more information about her, see her About page.