Georgia courts annul marriages only for specific legal reasons (like bigamy, incest, or fraud) and never if children are involved. Here’s how the process works.
In Georgia, you get an annulment if your marriage meets one of several legally recognized grounds, such as bigamy, incest, fraud, or lack of mental capacity to consent. You must also show that neither you nor your spouse has a child from the marriage or is expecting one. If you meet these requirements, you or your spouse can file a petition for annulment in superior court, following a process similar to divorce.
It’s important to understand that annulment is not the same as divorce. Divorce ends a valid marriage, while annulment means the marriage never legally existed. Below, we provide an overview of who qualifies for an annulment in Georgia, what happens after, and how the filing process works.
What Are the Grounds for an Annulment in Georgia?
Georgia law presumes marriages are valid, so courts look at annulment requests skeptically and require solid proof before granting one. To legally marry in Georgia, both spouses must be:
- of sound mind
- at least 18 (with a limited exception for emancipated 17-year-olds)
- currently unmarried, and
- not related within the state's prohibited degrees of kinship.
(Ga. Code §§ 19-3-1, 19-3-2 (2026).)
A Georgia court can annul a “void” marriage, meaning it was invalid from the moment it took place. Grounds for a void marriage include:
- lacking the mental capacity to understand the marriage
- being younger than the minimum marriage age
- being legally married to someone else (bigamy)
- being too closely related by blood or marriage (incest), or
- marrying unwillingly or due to duress, coercion, or misrepresentation (fraud).
(Ga. Code §§ 19-3-2, 19-3-3, 19-3-5(a) (2026).)
Even when one of these grounds exists, you might lose your right to an annulment through "ratification." If you continue living with your spouse as a married couple after learning about or resolving the fraud, coercion, or other problem, Georgia law treats the marriage as ratified and no longer eligible for annulment. (Ga. Code § 19-3-5(b) (2026).)
Importantly, Georgia law bars annulment entirely once children enter the picture. If you and your spouse have a child together, or either of you is pregnant, you can't get an annulment; you'll need to file for divorce instead. (Ga. Code § 19-4-1 (2026).)
What Happens After a Georgia Annulment?
When a Georgia court grants an annulment, the law treats the marriage as though it never existed, and both spouses return to single status. (Ga. Code § 19-4-5 (2026).) Georgia doesn't impose a waiting period after an annulment, so you may remarry right away.
Property division works a little differently in an annulment, because there's no marital estate to divide. Even so, Georgia courts can still equitably (fairly) divide the property and debts the spouses accumulated together, much as a court would in a divorce. A court may also order the wealthier spouse to help cover the other spouse's attorney's fees so both sides can litigate on more even footing. However, because the parties were never spouses, ongoing alimony isn't available. (McKinney v. McKinney, 242 Ga. 607 (1978).)
Child custody and child support questions typically don't arise in annulment cases, because Georgia law prohibits annulment once a child is born or on the way. In that situation, Georgia law requires divorce instead, which keeps the child's legitimacy intact by resolving the marriage through the normal divorce process rather than a process that treats the marriage as if it never existed. (Ga. Code § 19-3-5(a) (2026); Riddle v. Riddle, 240 Ga. 515 (1978).)
How Do I Get an Annulment in Georgia?
To request an annulment, you or your spouse can file a petition in the superior court. If the person seeking the annulment is a minor or lacks capacity to sue on their own, Georgia law allows a "next friend" (often a parent) to file the petition on their behalf. (Ga. Code §§ 19-4-2, 19-4-3 (2026).)
Annulment cases follow the same rules for service, procedure, and pleading as divorce cases in Georgia. After you file and serve your petition, your spouse may file an answer contesting the annulment, and either of you may then request a jury trial. If your spouse doesn't respond within 30 days of proper service, the court may grant the annulment without a hearing. (Ga. Code § 19-4-4 (2026).)
The burden of proving your grounds falls on the person who files for annulment. Given the strict requirements and the financial stakes around property division and attorney's fees, it's a good idea to talk to a lawyer before filing, especially to pin down any deadlines that apply to your particular grounds.
Where to Find Annulment Forms and Legal Help in Georgia
Georgia doesn’t offer a statewide annulment form, so the forms and procedures you'll need can vary by county.
Georgia Legal Aid offers a plain-language overview of how a marriage can end in Georgia, including a section on annulment. Though the site doesn’t publish annulment-specific forms, its family law self-help forms can give you a sense of what courts expect. For the exact forms your court requires, contact your county's superior court clerk.
You may qualify for free or low-cost legal help, or talk to a local family law attorney.
