Annulments are different from divorces. A divorce ends your marital legal status, while an annulment of a marriage is a judicial declaration that no marriage ever existed. This means your marriage is void. After an annulment, both partners return to their original status before the marriage.
This question is one of the most common when it comes to annulments. In short, no. The fact that you and your spouse have been married only a short time is not a proper ground for an annulment.
The proper grounds for an annulment include any of the following:
If you don’t qualify for an annulment, then you would file a complaint for divorce to end your marriage.
Generally, you can’t get an annulment if your marriage has resulted in children. The same applies if you are currently pregnant by the partner from which you’re seeking an annulment. However, if you and your spouse do have children but you believe you satisfy the requirements for an annulment, you should speak with one of our Marietta family law attorneys.
The procedures for an annulment are the same as those for a divorce, with one exception. An annulment can be granted 30 days after your spouse is served with your Complaint for Annulment of Marriage, which is faster than the divorce process. After an annulment is granted, there is no waiting period before you are able to remarry (if you choose to do so).
Any criminal charges against you do not go away because of your annulment. For example, if you entered into a second marriage while still married to another, you are guilty of bigamy. You will have to address this criminal charge even if you get an annulment.
In addition, any financial or contractual obligations you may have entered into during your marriage are also still valid even though your marriage has become void.
At Bivek Brubaker & Prescott, our partners are here to answer any questions you have about annulments or divorce. Please contact us or call 404-793-6530 to speak with one of our highly qualified annulment and divorce attorneys in Marietta, Georgia.