Atlanta, GA Annulment Lawyer
While many people think of divorce when the subject of terminating a marital union is brought up, this is not the only option for dissolving your marriage. An annulment declares the union void and legally ends it. While there are many similarities between the annulment and divorce process, the outcomes and implications are different.
An Atlanta, GA annulment lawyer can help you understand which option is appropriate (or possible) in your situation. Call today and let our compassionate divorce attorneys provide judgment-free, zealous advocacy to help you reclaim your life.
Who Can Get an Annulment?
Under Georgia family law, someone can seek to have the judge annul their marriage if the union is considered void. Situations where a marriage may be invalid include:
- Marriage between close relatives;
- Already being married to someone else;
- Entering the union due to fraud, misrepresentation, or coercion;
- An inability to consent due to age, impairment, mental illness, or other factors.
If the spouses have children or are expecting a child that is the product of the pairing, an annulment may not be an option. Instead, they may need to try for a divorce.
An annulment lawyer in Atlanta, Georgia can counsel people on what options are available in their unique situations. Our firm can help you determine the most appropriate action to take and how to do so.
What Happens When You Get an Annulment?
Unlike divorce, when you get an annulment, the marriage does not just end – it is as if it never happened. In other words, you and your spouse are put back in the position (legally speaking) that you were in before the union occurred.
Some people prefer annulment to divorce for religious reasons, while other couples may choose an annulment to avoid the stigma of divorce or to avoid the need to divide marital property. In many situations involving an annulment, the court does not divide property or award spousal support as it does for a divorce.
The process of having a marriage annulled involves many of the same requirements and actions as a divorce proceeding, such as filing a petition with the Georgia family courts. Additionally, to file for an annulment in Georgia, one of the spouses must have resided in the state for a period of six months or more.
An annulment attorney who serves Atlanta and the surrounding areas of Georgia has a firm grasp of these intricate laws. They can help you bring or dispute a charge to declare your marriage void. Our team can also help ensure your rights are protected from the time you file the complaint to when the judge makes a decision.
Will Georgia Family Courts Divide Property and Debts After an Annulment?
Property division after an annulment does not always work the same way as property division after a divorce. Whether Georgia family courts divide property and debts depends on the facts of the case, but it’s important to note that a judge does have the power to order this division. This approach differs from some other states that prohibit any division of property after a marriage is annulled.
While annulment treats a marriage as though it should never have existed because it was legally invalid from the beginning, there is a practical reality that comes with two people living as if they were married. In an effort to untangle shared accounts and jointly owned property, Georgia family courts have the power to address these financial issues when necessary to reach a fair outcome.
The court can examine who purchased certain assets, whose name appears on titles or loan documents, and how each spouse contributed during the relationship. A judge will also look at shared debts the same way they approach joint property, taking each into account when making the division.
Financial issues can become even more complicated when one spouse entered the marriage in good faith without knowing that the marriage was legally invalid. In those situations, Georgia family courts make an effort to divide the marital property and assets in a way that are reasonable and fair. If you find yourself in that situation, an Atlanta, GA annulment attorney from our team is here to help you explore your options.
How Long Will an Annulment Take?
The amount of time needed to complete an annulment depends on the circumstances of the case. Some cases move through Georgia family courts relatively quickly, while others take several months if important facts remain disputed.
One of the biggest factors is whether both spouses agree that the marriage qualifies for an annulment. If both parties agree on the legal grounds and there are no significant disagreements about property, children, or other issues, the case can move more efficiently. When one spouse challenges the request or disputes the facts, that’s when the case can get bogged down with hearings and court appearances.
The availability of the Georgia family court also affects how long the process takes. These courts are often overflowing with a backlog of cases, and it can take time to get on a judge’s schedule for a trial. These scheduling issues vary from county to county, but our team can help you understand what to expect.
Gathering documents and evidence early can help prevent unnecessary delays. Records, witness testimony, and other evidence often play an important role in proving that legal grounds for an annulment exist. The more complicated your situation, the more likely your Atlanta, Georgia annulment attorney will need time to build a stronger case.
Can You Remarry After an Annulment?
You have the right to remarry as soon as an annulment is finalized. Once Georgia family courts enter a final order granting an annulment, each party generally regains the legal status of an unmarried person and can marry someone else right away.
Before remarrying, make sure the annulment has become final and that all required court proceedings have concluded. Until the moment the court issues the final order, you’re still considered married under the law.
If you have questions about your legal status after an annulment, speak with a family law attorney before making important decisions. Our team looks forward to helping you navigate this challenging situation.
Rely on an Annulment Attorney in Atlanta, GA
If your wedding is the product of fraud or a lack of consent, getting an annulment may be in your best interest. It can allow you to set aside the marriage and begin to move forward and build your new life. Because ending a marital union involves essential legal rights, you would benefit from equipping yourself with a skilled team of attorneys.
Our law firm has helped many people end their marriages by getting a divorce or an annulment. We are familiar with the many legal challenges that tend to come up in these cases and have the tools to overcome them. Contact an Atlanta, Georgia annulment lawyer at our law firm to schedule a consultation.
