Suwanee Annulment Lawyer

People trying to end their marriages usually get divorced. A divorce ends a valid marriage. However, if the marriage was never legally valid, the spouses could get an annulment. When a couple gets an annulment, the marriage is legally void making it as if the union never happened.

Annulments are available in very limited circumstances. Consult a Suwanee annulment lawyer to find out whether your marriage qualifies.

Who Qualifies for an Annulment?

Only people who were never able to enter a legal marriage can get an annulment. The length of the relationship does not matter, you could live together as a married couple for years and still qualify.

An annulment is possible when one of you enters the marriage while legally married to someone else or if you and your spouse are first cousins or similarly close relatives. An annulment is also possible when:

  • Either spouse was forced into the marriage;
  • Either spouse was under 15 when they got married;
  • Either spouse was mentally incapable of consenting to the marriage;
  • A spouse engaged in fraud to induce the other into marriage, like falsely claiming pregnancy.

If you have children together or if one of you is pregnant, annulment is not a legal option even if one of the other grounds for annulment applies. A Suwanee attorney can help you understand whether your situation qualifies for an annulment.

Defining Mental Incapacity

Mental incapacity could mean one of the spouses has a mental health condition or developmental disability that prevents them from understanding marriage well enough to consent to it. The Official Code of Georgia §19-4-3 allows a “next friend,” usually a parent or guardian, to file an annulment petition on behalf of someone who lacks the mental capacity to bring a court case. Mental incapacity could also be grounds for an annulment when one or both spouses were so drunk or high when they got married that they did not know what they were doing.

Annulment Procedures Are Similar to Divorce Actions

You or your spouse must live in Georgia continuously for six months prior to filing for an annulment. You would file the petition in the Superior Court in the county where you or your spouse lives.

When you want to get your marriage annulled, you must file a petition with the family court stating the grounds you are using as the basis for your request. The court will accept and stamp the papers and provide a copy to you to serve on your spouse. When your spouse does not object to the annulment, they could waive service.

The court will hold a hearing to determine whether annulment is appropriate in your case. A Suwanee lawyer can help you compile the evidence you will need to prove your grounds for annulment are valid.

Property Division and Alimony Issues in Annulments

Property that you or your spouse owned when you got married is separate and you can keep it without sharing it with your spouse. Anything acquired since the marriage is marital property and you must divide it. The law demands that couples divide their property equitably, which does not necessarily mean 50/50.

If you and your spouse agree on property division, a Suwanee attorney can put your agreement in writing and submit it to the judge. If you do not agree, the judge will hear evidence about your finances and decide how to divide the marital property.

Alimony and Annulments

Temporary or rehabilitative alimony is sometimes available when a couple annuls their marriage. The spouse who wants alimony must prove they need it to meet basic living expenses and the other spouse can afford to pay it. Judges expect a receiving spouse to work to become self-sufficient and usually put a time limit on this support.

Consult a Legal Professional in Suwanee if You Hope to Annul Your Marriage

Few couples qualify for an annulment, but it could be an attractive option for some people. If you believe your marriage was never legally valid, an annulment might be possible.

Contact a Suwanee annulment lawyer for help. Get in touch today to speak with a knowledgeable member of our team about your situation.

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