One of the questions our family law firm receives frequently has to do with the annulment of a marriage. “Can I annul my marriage?” “Is annulment better than divorce?” “Do both persons have to consent to annul a marriage?” Before going further, let’s break down what annulment means in Georgia. 

 

Both divorces and annulments make definitive legal decisions towards the fate of a marriage. Divorces usually involve a set legal process and the division of assets as well as determinations of child custody, child support payments, and alimony. Most divorces are civil terminations of a marriage that existed and was valid in front of the eyes of the law. This is where the major difference lies between annulments and divorces. Annulments of marriage are, in civil law, a declaration that a marriage was never truly valid, hence it never really existed. 

 

Now, you might be asking yourself, how can a marriage not have been valid? This is where the process of annulling a marriage can become complicated. In general, nationwide, annulments are harder to be successfully won than divorces. This is because annulment laws tend to be very well defined and might come with time limits. Georgia is a state with considerably stricter annulment laws than other states, like Nevada.

 

In Georgia there are a few acceptable grounds for annulment:

• Bigamy: One or both spouses are legally married to a living person.
• Incest: The spouses are closely related.
• Incompetence to comply: At the time of the marriage, one or both spouses were not of sound mind.
• Underage: At the time of the marriage, one or both spouses were underage and did not receive consent from their legal guardian(s) to be married
• Coercion or Fraud: One or both spouses were coerced into the marriage and/or one or both spouses engaged in fraudulent behavior. 

Prohibition of annulment:

• Georgia law explicitly prohibits annulments when a spouse is pregnant or if the marriage includes children. 

 

Common questions regarding annulment in Georgia

In Georgia, an annulment follows very similar procedures to that of a divorce. Just like divorces, annulments can be messy situations, legally and socially. Similar to divorce an annulment can usually take three routes. First, both spouses can collaboratively agree to the annulment. This can make the process streamlined and quick. If a spouse files for annulment and the other partner does not respond within the court’s allotted time frame then a judge can void the marriage directly. But, if a spouse rejects the proposal, then this legal process can go all the way to trial. 

 

Experienced Georgia Family Law Firm

For some, an annulment might be the right option in ending a marriage. Divorce can carry heavy pressure and social stigma for certain individuals, so an annulment could be an easier decision to make. Whether you are considering annulling a marriage or weighing your options in considering divorce, we highly recommend choosing the right attorney, especially one with experience in family law and divorce. The Edwards Law Group has over a decade of experience in this field. Joy Edwards and her team dedicate their time and resources towards defending their clients and fighting on their behalf. If you have any questions regarding divorce or family law matters, contact us.

Divorce in the United States is a hot topic. It is highly probable that amongst a group of people, someone has gone through or is going through a divorce. It is prevalent enough that almost half of all marriages will end in divorce. 

Culturally divorce is looked at through a narrow lens. People might recognize that divorce has evolved historically and with the advent of “No-Fault” Divorce laws the rates of divorce have increased. Women, who in the past had little say in divorce matters, now have greater input. 

One issue many men go through in divorce, and especially father’s, is their role in the divorce proceeding. It is no surprise that over 90% of child custody cases go in favor of the mother of the children. Societal expectations and notions dictate that the mother is the preferred caregiver. That does not mean however that father’s have no role in a custody proceeding. Quite the opposite. 

Here are a few things to consider as a father going through divorce.

3 things fathers should do as they navigate a divorce that involves children: 

• Create a plan:

  • Planning creates stability. Stability can go a long way when a radical change happens in a household. It can help children of parents going through separation but it can also help the parents. Plans help ease potential tension between the parents and between the children and parents. Establishing a clear plan is something that mediation can help with. 

• Help your children cope

  • Any event which uproots a child’s normal routine can have short and long-term effects on their wellbeing. Helping a child cope with what can seem like a sudden and drastic change is essential for the your child’s well-being. Without a healthy coping mechanism kids can develop unhealthy behaviors as they mature.

• Stay nearby (if possible)

  • Maintaining a healthy relationship often involves proximity. Although this might be difficult given your situation, staying nearby should be a priority when the divorce is final.  

3 things fathers can avoid as they navigate a divorce that involves children: 

• Refusing to pay child support

  • Refusing to pay child support can cause more harm than good. Having good representation helps with navigating the details of child support. Judges understand changing circumstances like losing or changing jobs. Failing to notify the court of such a change and thus refusing to pay the amount can negatively affect the father’s standing.

• Violating custody

  • Deviating from the established custody plan can be detrimental to the dynamic and relationship with the court. 

• Leaving too soon

  • One of the toughest things to consider is when to move out of the family home. Staying in the family home is a good precedent to set while going through divorce proceedings. Although the thought of staying might be difficult to consider due to the tension at home, it can help with the custody proceedings.

Let us help you!

It is highly recommended to consult an experienced family law attorney if you are considering or if you are in the process of a divorce. Attorneys with experience in this field can help alleviate the tension that divorces may cause. Even the smoothest of divorces can be fraught with stress and anxiety. 

Divorces can be a crucial moment in a family. You should not expect your divorce to have to go through a lengthy battle and trial. An experienced firm like The Edwards Law Group believes mediation to be a key component in the proceedings. 

If you are going through a separation, contact us today.