If I’ve recently found out my wife and her prior husband never divorced, how doI file for an annulment?

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If I’ve recently found out my wife and her prior husband never divorced, how doI file for an annulment?

I was originally going to file under grounds of her habitual drunkeness, however, if she never divorced I want an annulment. We have no children or own a home/real estate. She won’t give me former husband’s phone number.

Asked on December 11, 2011 under Family Law, Georgia

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Well, she cannot legally get married until she is divorced (which you already know).

That said, you should filed a "petition for annulment & in the alternative divorce." This will eleveate the need to pay 2 filing fees, in the event that the court does not grant the annulment.

Note, you do not need to concern yourself with the prior husband. The marital contract that you want to desolve is between you and your wife.

Hope this helps.


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