A marriage brought about by fraud or by pressure is void in Georgia, which makes it one the superior court can annul.
What Makes the Marriage Void
OCGA 19-3-5(a) provides that marriages “of persons unable to contract, unwilling to contract, or fraudulently induced to contract shall be void.” A spouse who was deceived into the marriage falls in the third category. A spouse who was forced into it falls in the second.
OCGA 19-3-4 explains what the deception has to affect: “To constitute an actual contract of marriage, the parties must consent thereto voluntarily without any fraud practiced upon either.” The fraud must go to the decision to marry itself, not to a disappointment that emerged later.
What It Looks Like in Practice
The classic case is a spouse who was not free to marry. In Morgan v. Morgan, 193 Ga. App. 302 (1989), a wife sued to annul her marriage after learning her husband had been married to someone else the whole time, and the trial court annulled it.
Staying Together Closes the Door
This is the part that catches people. Under OCGA 19-3-5(b), for a spouse “unwilling to contract or fraudulently induced to do so, a subsequent consent and ratification of the marriage, freely and voluntarily made, accompanied by cohabitation as husband and wife shall render the marriage valid.”
So once the threat has lifted or the lie has come to light, continuing to live together as spouses makes the marriage good. The annulment is not lost because you waited a little while to decide. It is lost because you resumed the marriage after you were free to walk away from it.
If a child is born of the marriage, annulment is unavailable regardless, and a divorce is the remedy instead.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!