Is duress a ground for annulment?

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Is duress a ground for annulment?

My wife and I were forced into marriage to have a place to live. We were not ready to get married, but with being on unemployment and not having anywhere to go, her parents would not let us live in their house without being married. We married and hoped in time we could learn to be happy and stayed married. We are seperated now and she is with a new man. Can we file for an annulment on the grounds of “forced to enter into the marriage” as living on the streets would be cause for duress?

Asked on September 30, 2012 under Family Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Georgia does have a limited annulment statute and "force" is a grounds for annulment.  Whether or not the facts you describe will be sufficient to prove "force" will be up to a judge.  However, if you both agree that you were forced to marry, then the process will be much smoother and quicker.  Judges generally go along with agreed facts by the parties.  Out of caution, you may want to file your annulment, but include an alternate request for divorce, just in case the judge doesn't go along with you.  This will prevent you from having to restart the process all over again later.


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