Annulments

Annulments are different from divorces. A divorce ends your marital legal status, while an annulment of a marriage is a judicial declaration that no marriage ever existed. This means your marriage is void. After an annulment, both partners return to their original status before the marriage.

Can I get an annulment if I have been married only a short time?

This question is one of the most common when it comes to annulments. In short, no. The fact that you and your spouse have been married only a short time is not a proper ground for an annulment.

Who is eligible for an annulment? 

The proper grounds for an annulment include any of the following:

• You and your spouse are related by blood or marriage as follows:
  • Parent and child or stepchild
  • Grandparent and grandchild
  • Aunt or uncle and nephew or niece
• You didn’t have the mental capacity to enter into a marriage contract
• You were under the age of 16 when you got married
• You were forced into the marriage
• You were fraudulently induced into getting married
• Your spouse was already married to another living person when you got married

What are my options if I don’t qualify for an annulment?

If you don’t qualify for an annulment, then you would file a complaint for divorce to end your marriage.

What if my partner and I have had children together? Can I still get an annulment?

Generally, you can’t get an annulment if your marriage has resulted in children. The same applies if you are currently pregnant by the partner from which you’re seeking an annulment. However, if you and your spouse do have children but you believe you satisfy the requirements for an annulment, you should speak with one of our Marietta family law attorneys.

How does an annulment work?

The procedures for an annulment are the same as those for a divorce, with one exception. An annulment can be granted 30 days after your spouse is served with your Complaint for Annulment of Marriage, which is faster than the divorce process. After an annulment is granted, there is no waiting period before you are able to remarry (if you choose to do so).

What else should I know about annulments?

Any criminal charges against you do not go away because of your annulment. For example, if you entered into a second marriage while still married to another, you are guilty of bigamy. You will have to address this criminal charge even if you get an annulment.

In addition, any financial or contractual obligations you may have entered into during your marriage are also still valid even though your marriage has become void.

Speak With a Qualified Marietta Family Law Attorney

At Bivek Brubaker & Prescott, our partners are here to answer any questions you have about annulments or divorce. Please contact us or call 404-793-6530 to speak with one of our highly qualified annulment and divorce attorneys in Marietta, Georgia.