Is it possible for me and my husband to get an annulment if we have been married for less than a year in Georgia?

We were married in Hawaii on December 31
and he moved back to Georgia with me in May.
I want to get an annulment because I found
him having sex with another woman.

Asked on September 11, 2016 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An annulment is based on the idea that the marriage was void or invalid from the outset. It is based on some fact which essentially means that the marriage was fraudulent or could not legally be entered into, like one of the parties already being married at the time; one party being too young to consent to marriage or being mentally incompetent; or one party lying about something fundamental to getting married, like about infertility, wanting children, being straight vs. gay, or really wanting to get married only for immigration reasons.
However, infidelity does not fundamentally invalidate a marriage--it does not make it void from the outset. Based on what you write, it is unlikely that you could get an annulment, though you can certainly divorce him.


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