Georgia Petition for Annulment of Void Marriage (Prohibited Relationship)
PETITION FOR ANNULMENT OF VOID MARRIAGE
Before filing: Use this petition only when the parties' relationship falls within O.C.G.A. § 19-3-3(a), and no child has been born or is to be born as a result of the marriage. Section 19-4-1 bars an annulment in that child circumstance. This petition asks only for an annulment; any property, support, or other claim needs separate review. Section 19-4-4 applies divorce rules to annulment procedure, residence, jurisdiction, and service. Confirm local filing requirements before submitting it.
| Court | Case |
|---|---|
| Superior Court of [COUNTY] County, Georgia | Civil Action No. [________________] |
| [PETITIONER FULL NAME], Petitioner | |
| v. | |
| [RESPONDENT FULL NAME], Respondent |
Petitioner alleges:
Parties, residence, and court
- Petitioner is [FULL NAME], whose address for court notices is [ADDRESS]. Respondent is [FULL NAME], whose address or last known address is [ADDRESS].
- Petitioner has been a bona fide resident of Georgia since [DATE], more than six months before filing this petition. The facts supporting that residence are [STATE FACTS].
- Respondent resides in [COUNTY], Georgia. The facts connecting this action to this Court and county are [STATE FACTS]. Any other pending case about this marriage or the parties' marital status is [COURT, CASE NUMBER, STATUS / NONE KNOWN].
- This is a petition for annulment under O.C.G.A. §§ 19-4-1 and 19-4-2. Petitioner asks this Superior Court to determine the status of the purported marriage described below.
Purported marriage and prohibited relationship
- The parties participated in a purported marriage on [DATE] in [PLACE]. The marriage record or other evidence is [IDENTIFY RECORD OR FACTS].
- At the time, the parties were related to each other as [SPECIFY EXACT RELATIONSHIP]. The facts and records establishing that relationship are [STATE FACTS AND IDENTIFY RECORDS].
- That relationship is one of those listed in O.C.G.A. § 19-3-3(a): [IDENTIFY CLAUSE AND EXPLAIN HOW IT APPLIES]. The facts concerning either party's knowledge of the relationship when the marriage was contracted are [STATE FACTS].
- Section 19-3-3(b) declares marriages unlawful under subsection (a) void from inception. Petitioner asks the Court to find that the purported marriage is void on the facts pleaded here and to enter a decree of annulment under § 19-4-1.
No child born or expected from this marriage
- No child has been born as a result of the purported marriage, and no child is to be born as a result of it. The facts supporting this allegation are [STATE FACTS]. Petitioner makes this allegation because O.C.G.A. § 19-4-1 does not permit an annulment when a child has been or will be born as a result of the marriage.
Service and requested relief
- Respondent may be served at [SERVICE ADDRESS]. Petitioner requests issuance of process and service under the applicable Georgia rules. If another service method is needed, Petitioner will seek it separately on facts and authority presented to the Court.
- Petitioner seeks only a decree concerning the status of the purported marriage in this petition. Petitioner makes no request here for custody, support, property division, or another financial order.
Petitioner requests that the Court:
- Issue process and permit service on Respondent;
- Find that the parties' relationship falls within O.C.G.A. § 19-3-3(a), that § 19-3-3(b) makes the purported marriage void, and that the child exception in § 19-4-1 does not apply; and
- Enter a decree annulling the purported marriage if the evidence and law support it.
Respectfully submitted,
Signature: [________________________________] Date: [__/__/____]
Printed name: [________________________________]
Address for court notices: [________________________________]
Telephone: [________________] Email: [________________]
Attorney bar number, if represented: [________________]
Verification
I, [PETITIONER NAME], swear or affirm that I have read this petition and that its factual allegations are true to the best of my knowledge and belief.
Petitioner signature: [________________________________] Date: [__/__/____]
Sworn to and subscribed before me on [__/__/____] by [PETITIONER NAME].
Notary signature: [________________________________] Commission expires: [__/__/____]
Sources and references
About this template
- Last updated
- October 17, 2026
- Citations checked
- October 17, 2026
- Jurisdiction
- Georgia
- Category
- Family Law
Legal authority
- O.C.G.A. § 19-3-3(b) (prohibited-relationship marriage void from inception)
- O.C.G.A. § 19-4-1 (superior-court annulment and child exception)
- O.C.G.A. § 19-4-2 (petition for annulment)
- O.C.G.A. § 19-4-4 (divorce procedure and uncontested timing)
- O.C.G.A. § 19-5-2 (residence requirements)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 17, 2026.
O.C.G.A. § 19-3-3(a) (checked October 17, 2026): "Any person who marries a person to whom he knows he is related, either by blood or by marriage, as follows:"
O.C.G.A. § 19-3-3(b) (checked October 17, 2026): "Marriages declared to be unlawful under subsection (a) of this Code section shall be void from their inception."
O.C.G.A. § 19-4-1 (checked October 17, 2026): "Annulments of marriages declared void by law may be granted by the superior court, except that annulments may not be granted in instances where children are born or are to be born as a result of the marriage."
O.C.G.A. § 19-4-2 (checked October 17, 2026): "Parties who enter into a marriage which is declared void by law shall have the right to file:"
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