Fulton County Annulment Lawyer

Many marriages fail eventually, and the spouses get a divorce. Some marriages were never legally valid at all. Childless couples in invalid marriages can get an annulment.

Very few marriages qualify for an annulment, but if you believe yours might, speak with a Fulton County annulment lawyer. Our team can review your circumstances, determine whether filing for an annulment is possible, and see you through the process from beginning to end.

Reasons for Seeking an Annulment

The process for getting an annulment is similar to the process for getting a divorce. One of you must have lived in Georgia for at least six months before filing. You must serve your spouse with the petition seeking annulment, and the Fulton County Family Court will hold a hearing where you must prove you have legal grounds for the procedure.

When a marriage is a spontaneous decision that is immediately regretted, you might seek an annulment to void the marriage. If you qualify for an annulment, it is as if your annulled marriage never occurred. You can forget the chapter and put it behind you.

Some people have religious reasons for seeking an annulment rather than a divorce. People in this situation can seek an annulment if they have legal grounds and have no children with their spouse. However, it is critical to understand that an annulment issued by a church does not legally end a union. If you do not have the legal grounds for an annulment, you must seek a divorce to end your marriage.

Circumstances That Invalidate a Marriage

The Official Code of Georgia §19-5-3 lists the legal grounds for divorce in this state. Several of them are also grounds for annulment. However, annulments are only an option for couples who do not have children together. If you and your spouse share children, you must file for divorce.

The circumstances that render a marriage invalid include:

• One of the spouses was legally married to someone else when the marriage took place;
• One or both spouses were underaged and did not have parental consent to marry;
• The spouses are closely related by blood;
• One or both spouses consented to marry because of force, coercion, or duress;
• One or both spouses were not capable of consenting to marriage because of mental incapacity at the time of the ceremony.

Additionally, a couple could qualify for an annulment if one or both of them were extremely drunk when the wedding ceremony took place.

If you pursue an annulment, you must have proof of the grounds you are citing. A Fulton County annulment attorney can help you compile documentation and other evidence to make the strongest case possible.

Issues You Must Settle When Seeking an Annulment

Many couples seek an annulment soon after marrying before they have had the opportunity to acquire property. In those cases, an annulment may require only a petition to the Fulton County Superior Court requesting an annulment and proof of valid grounds.

Many states do not allow couples to annul their marriages after a set period of time. Georgia allows a couple to seek an annulment at any time, even when they have lived together as a married couple for years. Couples who have been together longer likely have acquired marital property.

Marital property is everything you acquired individually or as a couple since marrying, except for inheritances and some gifts. When you and your spouse have marital property, you must divide it equitably before a court will issue an annulment. When one spouse is financially dependent on the other, a family court could also could order alimony. A Fulton County annulment attorney can help you and your spouse negotiate an agreement on these issues.

Consult a Fulton County Attorney About Annulling Your Marriage

When you are childless and believe your marriage was never valid, annulment might be a viable option. In most cases, an annulment can be accomplished more quickly and inexpensively than a divorce.

Speak with a member of our firm’s family law team when you want to explore getting an annulment. If you can prove your marriage was void from the beginning, a Fulton County annulment lawyer can help you prepare the necessary documentation and prove your case in court. Get in touch today.