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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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