An annulment is filed in superior court and follows the same rules of practice as a divorce, with one shortcut of its own.
Where You File
OCGA 19-4-1 places annulment in the superior court. No other Georgia court can grant one.
Who Can Bring the Petition
OCGA 19-4-3 provides that “[a] petition for annulment may be filed by next friend for minors or persons of unsound mind.” So a person who could not have consented to the marriage in the first place does not have to bring the case personally.
The Rules Are the Divorce Rules
Under OCGA 19-4-4, “[a]ll matters of service, jurisdiction, procedure, residence, pleading, and practice for obtaining an annulment of marriage shall be the same as those provided by law for obtaining a divorce.”
That means the residency requirement, the summons, and the pleadings all work the way they would in a divorce case.
The One Exception
The same statute allows a decree of annulment to be “ordered at any time, in open court or in chambers, when personal service is had at least 30 days beforehand and no contest or answer is filed.”
Both conditions have to be met. Your spouse must have been personally served, 30 days must have passed, and nothing can have been filed in response.
It Is Still an Equitable Action
In McKinney v. McKinney, 242 Ga. 607 (1978), the Georgia Supreme Court observed that “[t]he action for annulment of marriage had its origins in equity.” That history matters, because it is the reason a judge hearing an annulment can do more than simply declare the marriage void.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!