An annulment is available when a marriage is invalid from its intended inception. Generally, these marriages are between persons unable to contract, unwilling to contract, or fraudulently induced to contract. However, where a marriage is invalid because of fraud, duress or non-age and a child is born or is to be born as a result of the union, annulment is not an option.
When seeking an annulment, the issues normally considered in divorce such as spousal support and division of property are irrelevant. There is no statute of limitations when seeking an annulment and a decree of annulment has the effect of returning the parties to their status immediately prior to “marriage”.
In Georgia , annulment of marriages can only be granted by the superior courts. Parties may chose annulment versus divorce for a variety of reasons including:
- Personal religious beliefs
- Misrepresentation entering into marriage
- Avoidance of alimony and property division (particular to divorce)
Lunn Law LLC has experience with the nuances between divorce and annulment. To schedule a consultation with annulment attorney, Tiffany R. Lunn, contact us online or call Lunn Law LLC at 770.492.2974.