Annulment in Georgia: When It's Allowed

Quick answer: A Georgia court can annul only a marriage the law treats as void: one where a spouse could not legally marry (for example, a spouse was already married, the spouses are closely related, or a spouse was underage or not of sound mind), did not truly consent, or was induced to marry by fraud or duress (O.C.G.A. §§ 19-3-2 to 19-3-5). An annulment is not available if children were born or are expected from the marriage; those couples must divorce (O.C.G.A. § 19-4-1). Scot Sikes advises Columbus and Fort Benning clients on annulment and divorce.

Many people ask about annulment after a short marriage or when they learn something about their spouse they did not know. Georgia law is narrower than most people expect: a short marriage, or simply regretting the marriage, is not enough. The question is whether the marriage was void from the start.

Table of Contents

What Makes a Marriage Void in Georgia

Georgia says marriages of persons unable to contract, unwilling to contract, or fraudulently induced to contract are void (O.C.G.A. § 19-3-5(a)). In practice, that covers:

A living spouse. A person with an undissolved earlier marriage cannot marry again (O.C.G.A. § 19-3-2).
Close relatives. Marriage within the prohibited degrees, such as parent and child, siblings, grandparent and grandchild, aunt or uncle and niece or nephew, or stepparent and stepchild (O.C.G.A. § 19-3-3). First cousins may marry in Georgia.
Age. A person must be at least 18, or 17 if emancipated and other conditions are met; no license may issue for anyone under 17 (O.C.G.A. § 19-3-2).
Capacity. A spouse who was not of sound mind when the marriage took place (O.C.G.A. § 19-3-2).
Consent. A marriage obtained by force, threats, duress, intoxication or fraud (O.C.G.A. § 19-3-4).

When an Annulment Is Not Available

Children. A court cannot annul a marriage if children were born or are to be born of it (O.C.G.A. § 19-4-1). The couple must divorce, which protects the children’s rights to support and inheritance.
Ratification. Some defects can be cured. If the problem goes away and the spouses freely consent and continue to live together, the marriage can become valid (O.C.G.A. § 19-3-5(b)). For example, a spouse who stays in the marriage after learning of a deception may lose the right to annul it. Ratification does not cure marriages between close relatives.
Regret or a short marriage. Neither is a ground for annulment. A divorce on the no-fault ground that the marriage is irretrievably broken may be the faster path (O.C.G.A. § 19-5-3).

Annulment or Divorce?

A party to a void marriage may choose to file for divorce instead if grounds exist (O.C.G.A. § 19-4-2). Divorce lets the court divide property and debts and decide support, while an annulment returns the parties to their status before the marriage, with the effect of a total divorce (O.C.G.A. § 19-4-5). Which is better depends on what property, debts and support issues are involved, and sometimes on religious considerations, which are separate from the civil case.

Military Marriages

Quick marriages before a deployment or PCS move are common near Fort Benning. If one spouse turns out to have been married already, the later marriage is void and may be annulled, but military benefits, ID cards and housing allowances tied to the marriage will also be affected, so the paperwork with the unit and DEERS needs attention. If the marriage was valid but simply did not work, the path is divorce; see military divorce.

Talk With Scot Sikes

Consultations with Scot Sikes are $200 and cover your specific situation, the Georgia law that applies and your realistic options. Call 706-494-6900 or use the contact page. The office is at 5 Bradley Park Court, Suite 101, Columbus, GA 31904.

Frequently Asked Questions

Can I get an annulment in Georgia after a short marriage?

Not on that basis alone. Georgia annuls only marriages that are void, for example because of an existing marriage, close family relationship, lack of capacity or consent, or fraud (O.C.G.A. §§ 19-3-2 to 19-3-5).

Can we get an annulment if we have a child together?

No. Georgia law bars an annulment when children were born or are to be born of the marriage; the couple must divorce instead (O.C.G.A. § 19-4-1).

Is a marriage void if my spouse was still married to someone else?

Yes. A person with a living spouse from an undissolved marriage cannot marry again, and the later marriage is void (O.C.G.A. §§ 19-3-2, 19-3-5).

What happens after an annulment is granted?

The decree has the effect of a total divorce and returns both parties to their status before the marriage (O.C.G.A. § 19-4-5).

Keep Reading: Georgia Divorce Guides

About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.

Last updated November 2026. Sources: O.C.G.A. § 19-4-1 (annulment); O.C.G.A. § 19-4-2 (divorce instead of annulment); O.C.G.A. § 19-4-5 (effect of annulment); O.C.G.A. § 19-3-2 (who may marry); O.C.G.A. § 19-3-3 (prohibited degrees); O.C.G.A. § 19-3-4 (consent to marriage); O.C.G.A. § 19-3-5 (void marriages; ratification); O.C.G.A. § 19-5-3 (grounds; 30-day rule). This page is general information about Georgia law, not legal advice for your situation.

Annulment in Georgia: When a Marriage Can Be Declared Void