Roswell Annulment Lawyer

A divorce terminates a marriage. However, if you believe your marriage was never valid, you could apply for an annulment. Once you obtain an annulment, it is as if the marriage never happened.

Very few marriages qualify for this option. Speak with a Roswell annulment lawyer to determine whether it is possible in your situation.

Significant Differences Between a Divorce and an Annulment

A divorce is a legal end to a valid marriage. When a couple divorces they must make arrangements to co-parent their children and split their marital property fairly. Sometimes, the financially disadvantaged spouse qualifies for alimony.

An annulment is a legal declaration that a marriage never existed. A couple with children cannot apply for an annulment even if they otherwise have grounds to annul the marriage. Instead, a Roswell attorney would help them file for divorce.

Additionally, some states refuse to grant an annulment after a couple has been living together as spouses for a certain time, but Georgia family law does not impose time limits. When a couple seeking an annulment has acquired marital property during their life together, they must split it equitably, just as if they were getting a divorce.

Establishing That Your Marriage Was Invalid

The Official Code of Georgia § 19-4-5 states that an annulment puts the spouses in the legal position they would have been in if the marriage had never taken place. Some of the grounds for an annulment include:

  • Being married to someone else at the time of the union
  • Being underage
  • When spouses are close relatives
  • A marriage that happens due to fraud or coercion
  • One or both spouses being unable to give consent due to physical or mental disabilities or due to a temporary condition like drunkenness

A skilled Roswell attorney could discuss the circumstances of your marriage with you to determine whether an annulment is a possibility.

Procedure for Annulling a Marriage

When you want to annul your marriage, one of our Roswell attorneys must file a petition with the Fulton County Superior Court. The residency requirements are the same as when you file for divorce—either you or your spouse must have lived in the state for at least six months before you file for annulment. The petition must also explain the grounds for the annulment.

When both spouses agree to the annulment and have resolved any issues, like property division, they can submit their agreements alongside the petition. Otherwise, the non-filing spouse submits an answer to the petition. In either case, the court usually will hold a hearing to ensure that there is sufficient legal reason to grant an annulment.

The judge will issue an annulment if they are satisfied the marriage was never valid. The annulment takes effect 30 days after the court issues it.

Explore Whether Annulment Is Possible With a Roswell Attorney

Most marriages are legally valid when they occur, and dissolving them requires divorce proceedings. However, in some rare cases, a couple might qualify for an annulment.

Speak with one of our Roswell annulment lawyers if you believe your marriage was never a legal union. We can review the circumstances and let you know whether seeking an annulment is worthwhile or if divorce is your best option.

Our firm offers initial consultations. Reach out today to get started.

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