An annulment in Georgia is a court determination that the marriage contract was never valid in the first place.  It has nothing to do with whether you made a really bad decision or if the other person has hidden some particularly offensive facts about their past or present behavior.

O.C.G.A. 19-3-5 is the letter of the law regarding annulments, and O.C.G.A. 19-3-2 gives reasons that a marriage can be annulled.

Generally, if you want an annulment, the facts in your case need to be something along the lines of what happened in “What Happens in Vegas“, at least regarding the fact pattern of that movie where you wake up in the morning with a ring on your finger and not remembering that you got married last night.

An annulment is a legal determination that the marriage was not a valid contract, not that you really, really regret having married the other person.  To get an annulment, you must show that you either were not of sound mind when you were married, or that you did not have the legal capacity to enter the contract in the first place.

Not being of sound mind means that you were not able to understand what marriage was at the time you became married, not that you understand the full consequences of what being married means.

Not having the legal capacity to be married means that:

  • you were not 18 at the time you were married, or did not have parental permission to become married if you were younger than 18;
  • you were already married to someone else; or
  • you were related to the person that you married.

This means that if were not legally allowed to be married in the first place, you can get an annulment to make that marriage disappear as if it never happened.

Unfortunately, if you make a really bad decision, but are legally allowed to marry, and are able to understand what you are doing when you say “I do”, you cannot get an annulment in Georgia.

That being said, you may be able to get an annulment from your church if you have religious reasons for wanting a marriage to be annulled, but that is a completely different topic, and one which Roy Yunker Law cannot help you accomplish.  If you were fraudulently induced into marriage, or if you were not legally allowed to be married in the first place, you can get that annulment.  Otherwise, we can talk about getting that divorce.