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annulment or divorce in georgia?
My husband and I married in July of 2008. He went overseas after we got married. He came home and has basically went crazy. We have separated. Can we get an annulment or do we have to get a divorce? If we can do the annulment what do I need to do and where do I need to go? How does this work? please help!
1 Answer
- IsabelLv 71 decade agoFavorite Answer
I found a blog for Georgia Family Law that talks about annulment in Georgia. Go to the site and read everything there, not just what's here - get all the information you can http://www.gafamilylawblog.com/annulment/
Legal Grounds for Annulment
Courts will order that a marriage be annulled if one of the following situations can be established:
Grounds for annulment vary slightly from state to state. Generally, an annulment requires that at least one of the following reasons exists:
Misrepresentation or fraud -- for example, a spouse lied about the capacity to have children, falsely stated that she had reached the age of consent, or failed to say that she was still married to someone else.
Concealment -- for example, concealing an addiction to alcohol or drugs, conviction of a felony, children from a prior relationship, a sexually transmitted disease, or impotency.
Refusal or inability to consummate the marriage -- that is, refusal or inability of a spouse to have sexual intercourse with the other spouse.
Misunderstanding -- for example, one person wanted children and the other did not.
Mental Illness, Insanity or Retardation: If a person is married while mentally ill, insane or so mentally retarded that he or she could not knowingly and willingly consent to marriage, then the marriage may be annulled. Here, annulment would be granted on the theory that marriage is a consensual relationship, and most mentally ill, insane, or retarded people are considered incapable of giving legal consent.
Temporary Insanity: If temporary or periodic insanity is claimed, the affected person's condition at the time of marriage governs whether or not his or her possessed the legal capacity to marry. A marriage will not be annulled if it was entered into during a "lucid" interval between episodes of temporary insanity.
Fraud: If one of the parties did not tell the truth, or misrepresented information in order to induce the other party to enter into the marriage, then the marriage may be annulled because of fraud.
