Gwinnett County Annulment Lawyer

When you are ready to end your marriage, divorce is the only legal means of doing so. However, in rare cases, a marriage might have been legally invalid from the beginning. A childless couple who never had a valid marriage may qualify for an annulment.

Proving your marriage was never valid can be challenging, and you should consult an experienced family law attorney before deciding to pursue an annulment. A Gwinnett County annulment lawyer can explain the grounds for annulling a marriage and advise whether it is possible in your circumstances. If it is, they can guide you through the legal process and help ensure you are well-positioned to start your new life as a single person.

Difference Between an Annulment and a Divorce

Annulments and divorces result in spouses becoming unmarried. Once a family court grants a divorce or annulment, you and your spouse are free to marry someone else. The significant difference is that divorce ends your marriage and an annulment erases it, so legally speaking, an annulled marriage never existed.

Because it erases a marriage as if it never happened, an annulment can bring the legitimacy of any children into question. The law solves this dilemma by barring couples with children from getting an annulment. Since you do not need to address child custody and support issues, which simplifies the process. An annulment is usually quicker and less expensive than a divorce. Our Gwinnett County attorneys can explain the differences between divorce and annulment more thoroughly during a private consultation.

Spouses Must Meet Procedural Requirements

According to the Official Code of Georgia §19-5-2, you cannot apply for an annulment unless you or your spouse has lived in Georgia for at least six months. The spouse seeking the annulment must file a petition in the Superior Court of the county where they or their spouse lives and affirm that one of them meets the residency requirement.

The spouse who files the petition must arrange for the sheriff or a process server to serve the court papers on the other spouse. Once both spouses know about the filing and agree to it, the spouse filing the papers can obtain a written waiver of service. A Gwinnett County annulment attorney can help you secure a written waiver and avoid the cost and delay of formal service.

How To Prove a Marriage Is Invalid

Anyone seeking an annulment must prove that their marriage was never valid. You can do this by showing that a condition existed at the time of marriage that prevented it from being a legally binding union.

A Gwinnett County attorney will review the circumstances of your marriage to ensure you can meet the burden of proof for annulment. If not, you and your spouse could use no-fault grounds to seek a divorce, but this process may take longer.

Void Marriages

A void marriage is one that could never have been legal regardless of surrounding circumstances. For example, a marriage is void if the couple are closely related by blood or the ceremony occurred when one of the spouses was already married or under 15 without parental consent

Voidable Marriages

Your marriage is voidable if you and your spouse could have legally married each other, but circumstances prevented it from being legal. For example, your marriage is voidable if someone fraudulently induced you or your spouse into marriage. Misrepresenting marital history, religious beliefs, or the ability to have children can also void a marriage, as could hiding an addiction.

Lack of consent is another reason your marriage can be voidable. If you or your spouse was coerced or forced to marry, or did so under duress, an annulment may be possible. An annulment could also be possible if one person was incapable of consent because they suffered from a mental health disorder when they married, were drunk or high at the ceremony, or are permanently incapacitated with a developmental or intellectual disability.

Contact a Gwinnett County Attorney if You Believe You Are Eligible for an Annulment

If you believe your marriage was invalid from the beginning, you may qualify for an annulment. Talk to a Gwinnett County annulment lawyer about the steps you must take to erase your marriage legally.

Our team has years of experience in family law practice, and we can steer you through the process. Schedule a complimentary consultation today.

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