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LAW CALL RECALL: Annulment vs. Divorce

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Last month, attorney Ashley Mackin Brodie was invited to appear as a guest host on the popular Macon, GA television show, Law Call. Airing every Sunday evening at 11:35 p.m. on channel 13WMAZ, Law Call is a live television program where callers call in to have their legal questions answered. Ashley has appeared several times as a guest host, answering questions about divorce, child custody, custody modifications and other family law topics.

We are going to provide a quick question by question recap of the questions Ashley was asked and her detailed responses to those family law and child custody questions.

Part 3 of 3: 

Annulment vs. Divorce


One caller asked a question regarding getting an annulment of her marriage, rather than a divorce. The caller and her husband had been married for two years and separated after only 6 months of marriage.


Can I get an annulment? What do I need to do? I don’t have the money to hire a divorce lawyer.


Ashley told the caller that an annulment was not an option for her. Annulments are rare and require a showing of fraud or duress. Ashley said that the best option for the caller was to seek a no-fault divorce.

Georgia: No-Fault Divorce Ground – Marriage is Irretrievably Broken

Georgia has a no-fault divorce ground which means a spouse does not have to allege the other spouse caused the breakdown of the marriage. A no-fault divorce means one spouse must simply state that the marriage is over, or irretrievably broken and there is no hope for the parties to reconcile.

Georgia does have some fault based grounds for divorce. There are 12 fault based grounds for divorce:

  • Adultery
  • Desertion
  • Conviction of either party of an offense involving moral turpitude and imprisonment for 2 or more years
  • Habitual intoxication
  • Habitual drug intoxication
  • Cruel treatment
  • Incurable mental illness
  • Pregnancy of wife by man other than the husband of wife
  • Force, duress or fraud in obtaining marriage
  • Intermarriage by persons within the prohibited degrees of consanguinity
  • Mental incapacity at time of marriage
  • Impotency

Uncontested Divorce

Ashley stated that while it’s always best to hire a lawyer to handle any legal matter such as a divorce, it is possible the caller and her husband would be able to handle the matter themselves without the need for a lawyer. The caller’s case would be relatively easy to resolve because it is an uncontested divorce – meaning the parties are in agreement to divorce and to the terms of the divorce. Also, because the couple was only married for a short period of time and had no children together, there would be no complex issues of marital property division or child custody. Ashley went on stating that because uncontested divorces are relatively simple and easy to resolve, the costs are minimal when compared to contested divorce cases.

Additionally, Ashley stated the caller could consult with some divorce lawyers in Macon, GA even though they may not have the money to immediately hire those lawyers. Those consultations will give the caller some insight about what documents are needed to file for divorce and where to file those documents.

Speak with an Experienced Macon, GA Divorce Lawyer

To discuss your options regarding annulments and divorce, call Ashley M. Brodie at (478) 936-9842 to schedule a consultation or fill out the contact form and someone will respond shortly. She handles divorce and family law cases throughout the Macon, GA area.

Not ready for a consultation, but want to learn more about divorce? Visit the Georgia Divorce Guide to learn more about the divorce process in Georgia or visit our Georgia divorce question and answer page to see many answers to common divorce questions.



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