Annulment Lawyers in Alpharetta

Serving Metro-Atlanta, Alpharetta & Surrounding Regions

At Hecht Family Law, we understand that not every marriage begins on firm ground, and sometimes, legal action is necessary to address the validity of a marital relationship. An annulment provides a way to declare a marriage void as if it never legally occurred. In Georgia, annulments are granted under specific circumstances, such as cases involving fraud, bigamy, lack of capacity, or failure to consummate the marriage. Unlike divorce, which dissolves a valid marriage, an annulment establishes that a legal marriage never existed.

This process can also carry significant personal and religious importance for individuals seeking a resolution consistent with their beliefs. Whether your circumstances involve the discovery of invalid conditions or a need to align your marital status with your faith, we are here to assist. Our trusted family law attorneys can guide you through Georgia’s annulment process, addressing your questions and helping you determine whether an annulment fits your situation.

Don’t wait—let us help you move toward a more secure and confident future. Contact us now to schedule a free consultation and gain clarity about your path forward.

Understanding Annulments

There are circumstances under which a married couple seeks not just to have the marriage come to an end, but also to be able to treat the marriage as if it never happened. An annulment is a court procedure that accomplishes this. While both divorce and annulment end the marriage, a divorce recognizes that the marriage was valid, but an annulment declares the marriage null and void from its inception.

Why is this distinction important to people? There are numerous reasons: Some still see divorce as carrying a stigma, and they feel that ending the marriage through annulment offers a different process that declares that it was never valid and never really occurred. They feel this helps avoid the embarrassment and/or stigma of ending it with a divorce, which they feel implies that the marriage failed.

Another reason has religious implications: Some houses of worship or religions may make it more difficult or impossible to marry for a second time with the blessings of the religious leaders and community. Having the marriage annulled means that in the eyes of that religious community, it never occurred, and the person can remarry without facing any of the issues associated with divorce.

Religious vs. Civil Annulments

When a marriage doesn’t meet the legal or personal standards required to be considered valid, annulments may provide an avenue to address the situation. In Georgia, there are two primary types of annulments: religious annulments and civil annulments. While these processes share a common purpose—declaring a marriage void—they serve different roles and operate under distinct authorities.

Religious annulments: are granted by a person’s religious institution. These annulments address the marital relationship from the perspective of faith and doctrine, making them significant for individuals seeking to resolve their marital status within their religious community. A religious annulment does not carry the legal weight to void the marriage under Georgia law but can be vital for those aiming to align their lives with their religious faith.
Civil annulments: On the other hand, these are granted by Georgia courts and legally establish that the marriage was invalid from the beginning. This process formally voids the marriage under state law, ensuring it is treated as though it never legally existed. Civil annulments are reserved for specific situations, such as fraud, bigamy, lack of capacity to consent, or failure to consummate the marital relationship. Unlike a divorce, which ends a valid marriage, a civil annulment legally confirms that the marriage was void from the outset.

At Hecht Family Law, we help you navigate the differences between religious and civil annulments, providing clarity on how Georgia law applies to your situation. Understanding your options is key to resolving your marital status in a way that aligns with your goals.

The Specific Requirements Of Annulment

In Georgia, specific requirements must be met to have the courts even consider ending a marriage by annulment. One of the most important is that there must not be any children born or to be born (i.e., pregnancy) of the marriage. Assuming the couple qualifies to be considered for annulment, there are a number of circumstances that would lead to one being granted. One of the following circumstances must exist in the marriage:

Refusal or inability to consummate the marriage (i.e., inability to have sexual relations)
Concealment (of addiction to drugs or alcohol)
Felony conviction
Sexually transmitted disease (STD)
Impotency, children from prior relationship
Misunderstanding (of a fundamental marital precept such as the desire to have or not have children)
Fraud or misrepresentation (such as not being legally of age to marry, not disclosing a current marriage, not disclosing impotence or infertility)

If you are facing the end of your marriage and are considering filing for an annulment or have been served a petition for annulment, please call a lawyer. You need a knowledgeable, confident, concerned and considerate attorney who will explain all the aspects and options that annulment offers you and help you through the process.

Furthermore, depending on your circumstances, you may wish to defend against an annulment and pursue a divorce instead. Or, you may wish to defend against a divorce and pursue an annulment instead. Contact the Alpharetta office of Hecht Family Law, and we will help you navigate the maze of options and make the right annulment decision for yourself … and do it affordably.

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Pursuing an annulment requires attention to legal requirements and careful documentation to support your case. We help clients understand the differences between annulment and divorce and guide them in choosing the right path based on their unique circumstances. Whether you need assistance navigating annulment procedures or understanding its potential impact on issues like property division and parental rights, we are here to help.

Contact Hecht Family Law to discuss your options and take the first step toward resolving your marital situation with confidence.