Forsyth County Annulment Lawyer

An annulment is a legal procedure that erases a marriage because it was legally invalid from the beginning. When your marriage is annulled, it is as if you never married.

You must have legal grounds for an annulment, and most people will not qualify. Speak with a Forsyth County annulment lawyer to determine whether your marriage can be annulled. When an annulment is possible, the process is usually quicker and less expensive than getting a divorce, but you still need the assistance of a skilled attorney.

Grounds for Annulment

The legal grounds for annulment establish that a marriage was never legal and was void from the start. However, even when there are legal grounds for annulment, according to the Official Code of Georgia §19-4-1, a couple with children together or expecting a child cannot annul their marriage. Parents who wish to end their marriage must work with a Forsyth County family attorney to get a divorce since annulment is not an option.

Bigamy

Both parties must be free to marry. If one party was already married when the marriage ceremony occurred, the marriage is void, and the couple could obtain an annulment.

No Valid Consent

Both parties must consent to marriage. If one of the parties was forced to marry or married due to threats or coercion, they did not freely consent. The marriage was never valid, and that is legal grounds for annulment. Similarly, if one of the parties was not of sound mind when the marriage occurred, they could not provide appropriate consent. The incapacity could be due to a physical or mental health condition—extreme drunkenness at the marriage ceremony could be grounds for an annulment.

Impediment to Marriage

Georgia does not allow anyone under 18 to marry unless they have their parents’ consent. When one of the spouses married when they were under 18 without parental consent, the marriage was never valid, and the spouses could get an annulment. Additionally, if the spouses are close blood relatives, their marriage is invalid, and an annulment could be possible.

Handling Marital Property and Alimony

Many couples who decide to annul their marriages do so soon after the ceremony. However, some couples with grounds for an annulment live together for a significant period before they void their marriage. These couples may have acquired property together and built a joint financial life.

A couple seeking annulment must divide their marital property. The law requires division to be fair, but it does not need to be equal. Ideally, the couple can negotiate a reasonable arrangement for both parties. If not, a judge will decide on property division for them.

Georgia law allows either spouse to request ongoing financial support or alimony, but it is not automatically granted. The spouse requesting the support must show that they need it to establish an independent household, and they must prove that the other spouse has sufficient resources to pay it. A Forsyth County annulment attorney can help you pursue or defend a request for alimony.

The Annulment Procedure

The legal process of obtaining an annulment is the same as that for obtaining a divorce but usually concludes more quickly. A party initiates an annulment by bringing a petition to annul the marriage in the Superior Court in the county where they live or where their spouse lives. One of the spouses must have lived in Georgia for six months before either spouse can file for an annulment.

The spouse who files must serve the court papers on the other spouse. The other spouse can waive formal service, saving money and speeding the process. Once the court has received either the waiver of service or notice that the other spouse has been formally served, it will schedule a hearing.

At the hearing, the judge will determine whether legal grounds for an annulment exist. If so, they will consider any issues regarding property division and alimony. The judge can issue the annulment if the couple has no property or has already reached agreements on property division and alimony. It becomes effective 30 days after the judge’s order. Having a trusted Forsyth County annulment attorney helps ensure all legal requirements are met and a spouse’s best interests are upheld.

Explore Annulment With a Forsyth County Attorney

Very few couples qualify for an annulment, which means very few attorneys have handled them. The Forsyth County annulment lawyers at the Atlanta Divorce Law Group are experienced and can guide you through the process.

Find out more about whether you qualify for an annulment. Get in touch with a member of our team today.