David S Walker Attorney at Law

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David S Walker Attorney at Law

Annulment of Marriage

By David Walker, Attorney at Law

We often get questions about annulments, as some people believe they are easier, quicker or less expensive than a divorce. This is usually not the case. Annulments are rarely granted and only in unusual circumstances.

An annulment is a legal decree declaring a marriage void from its inception, in other words, the marriage was never a valid marriage. This is different from a divorce that dissolves a valid marriage.

The children of a void marriage are nevertheless considered to be legitimate.

The grounds for annulment are as follows:

  • One of the parties to the marriage did not have the mental capacity to enter into a contract (marriage is a contract).
  • The married couple is related as follows: parent and child, or stepchild; grandparent and grandchild; aunt and nephew; uncle and niece.
  • One of the parties to the marriage was married to another living spouse at the time he or she entered into the marriage.
  • One of the parties to the marriage was under the age of 16 when you entered into your marriage.
  • One of the parties to the marriage was forced, or “coerced” to enter into the marriage.
  • One of the parties to the marriage was fraudulently induced to enter into the marriage.

Because these situations are rare, someone who wants to dissolve their marriage will usually be advised to seek a divorce.

David Sinclair Walker, Jr. P.C.
-Admitted in GA and D.C. -UGA Law ’76 -Certified Mediator -Georgia Bar No. 731725

Published in the Gwinnett Citizen - 2014

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