FAQs for divorce gavel image
If you are in a situation where you are contemplating an annulment or a divorce, consult with an experienced family law attorney.

An Unusual Case for Georgia Annulment

By Mary Stearns-Montgomery | Apr 25, 2013 | Divorce
 

Recently, our Associate Attorney, Jenni Brown, had an unusual case where she was successful in getting a client an annulment and awarded a significant amount of money for compensatory and punitive damages.

What happened?

Before our client married her spouse, she knew he was previously married and had shown her a copy of the divorce decree. She took his word and put her trust with him. However, shortly after their marriage she discovered that he was lying to her and was still married. Her husband was still legally married with children and the divorce decree was a fraud. She initially tried to handle the annulment on her own, but when she realized she needed legal assistance she immediately contacted our firm and met with Jenni to discuss her case. Due to her husband’s conduct the client had to fly to Germany where she testified about her husband with his employer, the United States Military.

What Are Grounds For Annulment in Georgia?

In Georgia, it’s rare that a judge will grant an annulment. Under Georgia law, there are six grounds for granting an annulment:

  • Intermarriage between parties;
  • One of the parties is under 16 years old; 
  • One of the parties did not have the mental capacity at the time of marriage;
  • One of the parties committed bigamy; and outside of these four circumstances, the two common groups used in Georgia:
  • Force and;
  • Fraud

What Was the Outcome of Our Client’s Case?

In this case, the husband committed bigamy and fraudulently induced the client to marry him. Along with this case, our client was pregnant with his child, but suffered a miscarriage partially due to the stress of the situation. As a result of this stressful and traumatic experience, our client received the annulment and was awarded $25,000 in damages. Her former spouse was responsible for paying all damages including attorney’s fees, legal fees, hospital and therapy visits, as well as punitive damages.

Contact Our Experienced Atlanta Metro Area Divorce and Family Law Attorneys Today

Our client was fortunate enough to find out this information and it goes to show that if you are in a situation where you are contemplating an annulment or a divorce, consult with an experienced family law attorney. The attorneys at Stearns-Montgomery & Proctor guide clients all over Georgia through the annulment and divorce process: we understand divorce law, and we can give you the best advice possible. Contact the attorneys at Stearns-Montgomery & Proctor today and schedule a consultation by calling 770-280-1488 or by filling out a contact form.

Newsletter Signup