Savannah GA Divorce Lawyer

Divorce is a dissolution of the marriage status. IN GA divorce is different and must be distinguished from an annulment of marriage. Where a marriage is annulled, it is rendered void from the beginning. In the case of a divorce the marriage is generally held valid up to the time of its dissolution and the children born during such marriage will be legitimate. A divorce formally dissolves a legal marriage.

Divorce is regulated by state law. The state of Georgia recognizes common law marriage if created before 1/1/97. Under common law marriage, couples who act like they are married, hold themselves out to the world as married, and intend to be married are considered legally married. Filing joint tax returns, referring to each other as “husband” and “wife,” and using the same last name are typical indicators of a common law marriage.

If you live in Georgia and your marriage was created before 1/1/97, then you are legally married and must get a divorce to end your marriage. Georgia has strict residency requirements for divorce filings. You must meet the residency requirements if you want to file for divorce in Georgia. If this issue concerns you, contact a lawyer who’s an expert in this area.

You can get a civil annulment for one of the following reasons:

Fraud or misrepresentation – Your spouse lied about something that was important to you in getting married, like the ability to have children.

No consummation of the marriage - Your spouse is physically unable to have sexual intercourse, and you didn’t know it when you got married.

Incest, bigamy, or underage party- If your spouse is related to by blood so that your marriage is illegal under the laws of the state where the marriage took place or your spouse is married to someone else, or is under the age of consent and didn’t receive a parent’s approval.

Unsound mind – Either you or your spouse was impaired by alcohol or drugs at the time of the wedding or didn’t have the mental capacity to understand what was happening.

Force – You were forced into getting married.

Religion is the most common reason for choosing annulment over divorce. Although most annulments take place very soon after the wedding, some couples seek an annulment after they have been married for many years.

Our Savannah Georgia divorce attorneys can help you if you are facing a family law issue or divorce in the Savannah Area.