Lithonia Annulment Attorney

Serving Clients in DeKalb County and the Entire Atlanta Metro Area

Annulments are a less common alternative to divorce, which terminate marriages and replace them with single status. Rather than legally ending a marriage, an annulment declares a marriage null or void, thereby rendering it legally void so that it no longer appears to have occurred.

While a divorce will not erase the fact that you were married, an annulment achieves this goal. There are different types of annulments you can pursue, however, you must be eligible to do so as not everyone can seek one.

Speak with our experienced Lithonia annulment lawyers to determine if you can pursue one. Call us at (470) 523-3135 or contact us online to schedule a free consultation.

What Are the Grounds for an Annulment in Georgia?

In the State of Georgia, an annulment can be sought if the couple meets specific criteria, including:

Lack of Capacity

A marriage may be annulled if one party lacked the mental capacity to consent to the marriage. This can include situations where one party was:

• Underage: In Georgia, the legal age to marry is 18. Minors under 16 cannot marry, while those aged 16 and 17 may marry with parental consent and judicial approval.
• Mentally Incapacitated: If one party was mentally incapacitated or unable to understand the nature of the marriage at the time of the ceremony.
• Intoxicated: If one party was intoxicated or under the influence of drugs at the time of the marriage, impairing their ability to consent.

Fraud or Misrepresentation

An annulment may be granted if one party was deceived into entering the marriage based on fraudulent or misrepresented information. This includes:

• Hidden Facts: Concealing important information that would have influenced the decision to marry, such as a serious criminal record, undisclosed financial issues, or an inability to have children.
• False Promises: Making false promises or assurances that were material to the decision to marry, such as promises of financial stability or future plans that were not intended to be kept.

Coercion or Duress

If one party was forced or threatened into the marriage, this could be grounds for annulment. This includes:

• Threats of Harm: If one party was threatened with physical harm, financial loss, or other coercive tactics to force them into marriage.
• Unlawful Pressure: Any form of pressure or manipulation that undermines the voluntary nature of the marriage agreement.

Bigamy

A marriage is automatically considered invalid if one party was already legally married to someone else at the time of the marriage in question. 

Incest

If the marriage was between close relatives who are prohibited from marrying under Georgia law, the marriage is deemed void and can be annulled. This includes marriages between:

• Direct Blood Relatives: Such as siblings, parents, and children.
• Close Relatives by Marriage: Such as aunts, uncles, and nieces or nephews.

Impotence

If one party was physically incapable of consummating the marriage and this condition was known before the marriage, it may be grounds for annulment. 

Legal Errors or Fraudulent Documents

If the marriage was based on legal errors or fraudulent documents, such as false identification or forged signatures, this could provide grounds for annulment. This may also include situations where the marriage license was obtained deceitfully.

What’s the Difference Between a Divorce and an Annulment?

The main differences between an annulment and a divorce are the grounds that need to be proven in court, and the overall end results. A divorce attorney will help assist in filing for divorce when they believe there are grounds for the relationship to end. Divorce requires the creation of a settlement agreement that will divide property and debts, present a child custody plan, and more. In an annulment, a couple will receive a judgment from the court that says the marriage never legally took place.

Can a Scam Marriage Be Annulled in Lithonia?

When an individual initiates a scam marriage for financial reasons by lying to another party to secure a green card for US citizenship, the marriage can be considered void or fraudulent. Sometimes, if someone states that they do not want to claim participation in marriage after reconciling with a spouse, Georgia can consider the request for a marriage annulment.

To learn more about the specific grounds for an annulment in Lithonia and if you qualify, contact our firm.

How Long Does an Annulment Take?

Compared to divorce, getting an annulment can save you time and resources. However, the timeline for an annulment in Georgia depends on various factors including the complexity of the case, the cooperation of both parties, and the court’s schedule. 

Atlanta area annulments cases follow a strict set of legal requirements. In Georgia they are filed by your attorney in a court where the petitioner or the respondent resides. The following individuals must be notified before receiving an annulment:

• Your partner will be notified of the annulment; if the case is uncontested, your partner has 30 days to respond, otherwise a court hearing will be set.
• The wedding official who performed the title must be informed.

Contact E.N. Banks-Ware Law Firm Annulment Attorneys Now!

If you are considering an annulment or have questions about the annulment process in Lithonia, Georgia, our experienced attorneys are here to help. Contact our firm today to schedule a free case review. We will provide you with the information and support you need to navigate the annulment process effectively.

Contact us online or by phone at (470) 523-3135 to request a free consultation with our Lithonia annulment attorney to discuss your options.