While it’s not an outcome you may desire, your marriage may not go as well as you hoped. If that’s the case, Georgia family law offers you various options. Depending on your situation, you can opt for marriage dissolution or annulment.
To find out more about divorce vs. annulment, keep reading. This article will take you through the divorce procedure and the annulment process.
Overview of Divorce
Divorce is the legal dissolution of a marriage by a court or other competent body. It is the process by which a married couple legally ends their marriage. However, there are specific grounds for filing for divorce in Georgia.
These include adultery, desertion, mental incapacity, and irreconcilable differences. Georgia family law offers this option as a means for addressing issues such as:
- Property division
- Spousal support
- Child custody
When you decide to get a divorce in Georgia, you’ll need to follow a few steps. First, you or your spouse will need to file a divorce petition in your county’s court. This person is called the petitioner. After that, the other spouse (known as the respondent) must be given the divorce papers. They’ll have some time to answer back.
During the divorce process, you and your spouse must split up your things and debts. The court will help make sure this is done fairly. If you have children, you’ll also need to figure out who they’ll live with, when they’ll see each parent, and how much money will be provided for their care. The court will make sure these decisions are best for your children.
Once you’ve completed all these details, the court will make your divorce official. They’ll give you a paper called a final divorce decree, which means your marriage is over.
Overview of Annulment
An annulment is a legal procedure that nullifies and voids a marriage as though it never existed. Unlike divorce, an annulment argues that your marriage was never legally valid.
The grounds for annulment in Georgia include:
- You were tricked about something really important in your marriage
- Your spouse kept big secrets from you, like being married already or having done serious crimes
- You or your spouse could not agree to get married because of mental problems or being drunk
- You or your spouse were too young to get married without your parents saying it was okay
- Your marriage was not allowed because your spouse was already married or you were too closely related
When you seek an annulment in Georgia, you begin by filing a petition in the county where you live. After submitting your petition, you need to provide evidence to support your reasons for wanting the annulment. If the court agrees with your reasons and grants the annulment, it means that your marriage is considered void from the very start.
Key Differences Between Divorce Vs. Annulment
A divorce is when you legally end a valid marriage. It’s like closing a chapter in your life. When you get divorced, you and your ex-spouse will need to split up your belongings and money.
You might also have to pay or receive support from your ex-spouse. If you have children, you’ll need to plan for who they’ll live with and how you’ll care for them.
An annulment is different. It’s like saying your marriage never really happened in the first place. When you get an annulment, you usually keep what you brought into the marriage.
You probably won’t have to pay your ex-spouse any support. If you have children, they’re still considered legitimate, but you’ll need to make separate plans for their care.
Pros and Cons of Divorce
If you decide to file for divorce in Georgia, you should be aware of both the good and not-so-good parts of the process. On the plus side, divorce gives you a clear way to split up your money and belongings.
The court can also help make sure both you and your ex-spouse are financially stable by ordering support payments if needed. If you have kids, divorce allows you to set up a proper plan for who takes care of them and how to pay for their needs.
However, getting divorced can take a long time, which might be hard on you emotionally. It can also cost quite a bit of money, especially if you need to hire a lawyer. You should think about these things carefully before you make your decision.
Pros and Cons of Annulment
Just like a divorce, an annulment can change your life in big ways. On the plus side, an annulment can make it seem like your marriage never happened in the eyes of the law.
This means you go back to being legally single, just like you were before you got married. Another good thing is that you might not have to pay your ex-partner money after the annulment, which sometimes happens in divorces.
However, you can only get an annulment for a few specific reasons, so it’s not an option for everyone. It can also be hard to prove that you deserve an annulment, and you might need to show a lot of proof.
If you have kids, an annulment doesn’t automatically take care of things like who they’ll live with or how you’ll support them. Lastly, going through an annulment can cost a lot of money in legal fees, and it can be tough on your emotions as well.
Legal Assistance for Marriage Dissolution in Georgia
It’s important to understand the differences between divorce vs. annulment when thinking about dissolving your marriage. This knowledge helps you make smart choices about your future. No matter which option you choose, it’s a good idea to talk to a lawyer who knows about family law. They can protect your rights and help you get the best result.
Blake & Detchemendy Law Firm is ready to help you whenever you’re ready. We have a team of lawyers who know a lot about family issues, including divorces and annulments. If you want to talk to an Augusta Family Lawyer, give us a call today. We’ll help you figure out the best way to move forward in your situation.
