Understanding Marriage Annulment in Georgia

An annulment is a court order declaring that a preexisting marriage record is invalid and never existed, as if it had never taken place. In Georgia, annulments are rare and granted only in exceptional circumstances.

Civil annulments and divorces are comparable in that they establish marital status. However, the primary difference between them is that divorce ends an existing, legitimate marriage, whereas annulment declares that the marriage never existed in the first place.

The valid legal reasons for annulment in Georgia include close relations between spouses, mental incapacity to give consent, being underage at the time of marriage, being coerced or fraudulently deceived into the marriage, and bigamy. After the court grants an annulment, the former couple may obtain certified copies of the annulment decree as evidence of their new single status, allowing them to remarry.

Grounds for Annulment in Georgia

In Georgia, a court may annul a "void" (prohibited by law or lacking the potential ever to be legal) marriage based on the following grounds:

• Mental Inability to Consent: One or both couples were mentally incompetent at the time of the wedding.
• Underage: One or both spouses were underage when they married and did not get parental or guardian approval.
• Force: One or both couples agreed to the marriage solely due to pressure or deception by another individual.
• Bigamy: One spouse remains legally married to another living person.
• Close Relation Between Couples: This comprises marital unions between a parent and a child or stepchild; a grandparent and a grandchild; and an aunt and a nephew or an uncle and a niece.

Eligibility Requirements for an Annulment in Georgia

According to O.C.G.A. § 19-4-1 (2024), superior courts in Georgia may annul marriages "declared void by law". However, the courts may not grant annulments in situations where children are born or are to be born from such marriages. Couples involved in such a situation are expected to file for a divorce instead.

Under Georgia law, the state's superior courts may grant annulment only when a marriage is void or voidable by law. Such legally recognized grounds include bigamy, incest, duress, fraud, or mental incapacity.

Because the annulment process (e.g., service, jurisdiction, residence, pleading, and practice) aligns with divorce rules, a petitioner is expected to have been a bona fide Georgia resident at least six months before immediately filing for annulment (§ 19-4-4). In addition, a nonresident petitioner is generally expected to file for annulment in the state county where the respondent resides.

Individuals who are eligible to file for annulment in Georgia include both parties in a marriage that is “void by law”, as well as a parent, guardian, or other representative on behalf of a minor or a person of unsound mind.

Although civil and religious annulments (issued by faith-based organizations) are available in Georgia, only court-issued civil annulments have legal effect.

How to Get a Marriage Annulled in Georgia

In Georgia, individuals whose domestic situation meets the legally recognized grounds for annulment may follow the steps below to start the process:

Step 1: File the Petition for Annulment

The petitioner begins the process by filing a verified Petition for Annulment in the appropriate Superior Court. In Georgia, annulments follow the same rules as divorce regarding service, jurisdiction, pleading, and practice. The document is expected to state the legal grounds for annulment. The petitioner is required to file in the county where the Georgia-based respondent has resided for the past six months.

Step 2: Serve the Respondent

The petitioner or their attorney is required to arrange service of process (usually personal service by sheriff or a certified process server) in accordance with the Georgia Civil Practice Act. In situations where personal service is not feasible, courts may permit service by acknowledgment or publication under limited circumstances.

Step 3: Response Period

The respondent is expected to answer the petition within 30 days. Failure to do so may result in the court entering a decree of annulment after 30 days from the date of personal service.

Step 4: If the Case is Contested

For contested cases, a judge often schedules one or more hearings to review the grounds for annulment. The petitioner is generally expected to prove the legal basis for the marriage being void or voidable (e.g., bigamy, lack of capacity/age, prohibited relationship, and more).

Step 5: Final Decree of Annulment

If the judge decides the marriage is void or voidable under state law, the court will issue a Final Decree of Annulment declaring the marriage legally invalid.

Required Forms and Documentation for a Georgia Annulment

Some standard forms and documents needed for an annulment in Georgia include the following:

• Petition for Annulment: This is the official document that starts the annulment process in the Georgia Superior Court.
• Instructions for Filing a Petition for Annulment: This information packet offers step-by-step guidance on how to complete and file annulment forms in the Superior Court.
• Cover Sheet and Domestic Relations Case Filing Information Form: This is a front-sheet document filed with the petitioner's annulment case that provides basic case information (names, county, case type), allowing the court clerk to assign the correct case classification and routing.
• Summons (SC-1): Issued by the clerk and served with the petition.
• Sheriff's Entry of Service (SC-2): Provides evidence that a sheriff or a certified process server successfully served papers on a party.
• Order or Notice of Publication (SC-3/SC-4): This is a court order that a judge signs to authorize service by publication after diligent search.
• Acknowledgment of Service, Consent to Jurisdiction and Venue, and Consent to Present Case: Used by a respondent (spouse) to acknowledge they have been served and permit the case to proceed without formal personal service.
• Rule Nisi: Court order (notice) informing the parties to appear for a hearing.
• Notice of Domestic Standing Order with Automatic Domestic Standing Order: This document typically informs the parties of the court's standing order for domestic relations cases, including annulments.
• Report of Divorce, Annulment, or Dissolution of Marriage: This is a state vital-records report that the clerk transmits after the decree is entered.

Proof of Annulment Grounds: This includes documents such as certified records showing a previous undissolved marriage (bigamy), medical or court records showing lack of capacity (at the time of the ceremony), and more. These are not standardized court forms and are typically provided by the petitioner.

Note: The various forms described above are accessible through several county superior court websites and the Georgia Administrative Office of the Courts website.

Where to File for an Annulment in Georgia

In Georgia, the superior court has the authority to annul marriages declared void by law. Consequently, the court handles all annulment filings and hearings throughout the state. Under O.C.G.A. § 19-4-4, all matters concerning service, jurisdiction, procedure, residence, pleading, and practice for annulments are the same as for divorce. The only difference is that the annulment process allows entry of a decree of annulment (default judgment) if the respondent does not file an answer within 30 days after personal service.

Annulment Timelines and Waiting Periods in Georgia

Georgia's law does not specify a waiting period for annulment. The annulment procedure is the same as for divorce in terms of service, jurisdiction, process, and residency rules. However, there is a key exception; if the respondent does not file an answer within 30 days of service, the court may enter a decree of annulment at any time, including in chambers.

Factors that may expedite the annulment process include efficient personal service, a detailed and well-structured petition, and relevant exhibits. Non-contesting of the process and the judge's availability are other variables that expedite the procedure. In contrast, issues such as a contest by the respondent spouse, missing documents, the need for live testimonies, and a longer duration of service by publication often slow down the annulment process.

Note: Georgia annulment law clearly states that annulments are not an option when children are born or are expected from the marriage; in such cases, divorce is a more practical alternative.

Costs and Court Fees for an Annulment in Georgia

In Georgia, county Superior Court clerks are responsible for setting and collecting filing fees for domestic relations cases, including annulments. Although these fees may vary by county, some state-specific court fees concerning annulments in Georgia are as follows:

• Annulment Filing Fee: $220 to $233, plus a Process Server fee of $58 (if using a certified private server).
• Sheriff service fees: $50 for service of summons or complaint as set by state law (O.C.G.A. § 15-16-21).
• Copying fee: $0.50 per page (plain copies without assistance), $1.00 per page (plain copies with clerk's aid), and $2.50 per page (certified/exemplified copies).

Other fees typically associated with annulments, which may vary, include an optional private process server (where allowed), attorney's fees (private, not set by the court), and publication costs if service by publication is authorized.

Petitioners who have difficulty paying their court fees may apply for a fee waiver by Affidavit of Indigence ("Poverty Affidavit") pursuant to O.C.G.A. § 9-15-2.

Those who choose to represent themselves may access documents and forms relevant to the annulment process at official county Superior Court libraries, such as Fulton Family Law Forms.

After the Annulment: What Happens Next?

Upon granting an annulment, former couples regain their single status and may remarry. The legitimacy of children involved in annulments is preserved by law (O.C.G.A. § 19-4-1). However, Georgia law does not permit annulment in cases where children were born or are expected to be born during the marriage. Custody and support matters are better handled through the divorce process in such cases.