Marriage is a significant legal and personal commitment, but in certain situations, it may be necessary to seek an annulment rather than a divorce. An annulment is a legal process that declares a marriage null and void as if it never legally existed. Unlike divorce, which ends a valid marriage, an annulment requires proving specific legal grounds to be successful. Rowsey & Stelter, Attorneys at Law in Roswell, GA, can help individuals navigate the annulment process and determine if it is the right option for their situation.

Legal Grounds for Annulment

In Georgia, a civil annulment can be pursued under state law if there are legally valid grounds, such as:

• Mental Incompetence: If either or both parties were mentally incompetent and unable to consent to marriage at the time of the ceremony.
• Underage Marriage: If one or both parties were under 18 at the time of the marriage and did not have the required parental or legal guardian consent.
• Fraud or Coercion: If one party entered the marriage under fraudulent circumstances or was coerced into the marriage against their will.
• Bigamy: If one or both parties were already legally married to another person at the time of the marriage.
• Incestuous Relationship: If the parties are closely related by blood or marriage.

If any of these conditions exist, an annulment may be granted. However, it is important to note that the presence of children or a pregnancy can affect annulment eligibility, often requiring the couple to pursue a divorce instead.

When an Annulment May Not Be Granted

Even if a marriage meets one or more of the legal grounds for annulment, courts may still deny the petition under specific circumstances. For instance:

• Ratification of the Marriage: If a party entered the marriage under fraud or coercion but continued to live with their spouse after discovering the fraud or after coercion ceased, the marriage may be considered ratified and, therefore, legally valid.
• Presence of Children: If the couple has children or the spouse becomes pregnant, the court may require them to pursue a divorce rather than an annulment to ensure proper child custody and support arrangements.

Filing for an Annulment

To initiate the annulment process in Georgia, only one of the parties needs to file the petition; mutual consent is not required. Additionally, if one of the parties is underage, a parent or legal representative (referred to as a “next friend” under Georgia law) may also petition for the annulment on their behalf.

While annulments differ from divorce in that they declare a marriage void, courts may still divide assets and debts similarly to divorce proceedings. However, alimony (spousal support) is typically not awarded in annulment cases.

How an Experienced Attorney Can Help

Navigating the annulment process can be complex, and consulting an experienced family law attorney is crucial. The knowledgeable attorneys at Rowsey & Stelter can assess your unique situation, advise you on whether an annulment is the best course of action, and guide you through the legal process to ensure compliance with all procedural requirements.

If you are considering an annulment, contact Rowsey & Stelter, Attorneys at Law in Roswell, GA, for a consultation. Our team is here to help you understand your options and achieve the best possible outcome for your case.