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, the only remedy is divorce.

          A decree of annulment has the effect of returning the parties to their status immediately prior to the “marriage”. In Georgia , annulment of marriages can only be granted by the superior courts.

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