I will like to know if there is a divorce that states the marriage never happen?

Aug 8, 2012 by

Question: 

My husband and I have been married for 5 months. I will like to know if there is a divorce that states the marriage never happen?

State: 
Georgia

Answer: 

A document or action “that states your marriage never happened” would be an annulment, not a divorce. However, annulment is rarely granted in Georgia (and most other states) because it requires very specific conditions to be present. Unless your situation meets one of the specified criteria, you will not be granted an annulment and must seek a divorce in order to terminate your marriage.

Georgia will only allow the following as cause for annulment:

Incest -
Sexual intercourse with blood relatives.

Mental Incapacitation -
Mentally disabled persons cannot enter marital contracts.

Underage Marriage -
Marriage under the age of 16 years without the approval of parents, guardians or court.

Fraudulent Act -
Misrepresentation to enter into a marriage.

Duress -
A person cannot be forced into a marriage.

Bigamy -
Spouse was already married at the time of marriage.

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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