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2018 Georgia Code 19-4-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-4-2 Case Law from Google Scholar Amendments to OCGA 19-4-2

TITLE 19 DOMESTIC RELATIONS

Section 4. Annulment of Marriage, 19-4-1 through 19-4-5.

ARTICLE 3 ANTENUPTIAL AGREEMENTS, MARRIAGE CONTRACTS, AND POSTNUPTIAL SETTLEMENTS

19-4-2. Right to file for annulment or divorce.

Parties who enter into a marriage which is declared void by law shall have the right to file:

  1. A petition for annulment; or
  2. A petition for divorce, if grounds for divorce exist.

(Ga. L. 1952, p. 149, § 2.)

JUDICIAL DECISIONS

Purpose of section.

- Purpose of Ga. L. 1952, p. 149, §§ 1 and 2 (see now O.C.G.A. § 19-4-1 and19-4-2), to uphold the interest and welfare of children, is manifested in the provisions insuring their legitimacy, prohibiting annulment, and thus requiring divorce to dissolve such marriages. Riddle v. Riddle, 240 Ga. 515, 241 S.E.2d 214 (1978).

Setting aside divorce decree when marriage void from inception.

- Trial court erred by denying an ex-husband's motion to set aside a divorce decree with the ex-wife because the marriage was void from the marriage's inception due to the ex-wife having a living spouse from an undissolved marriage at the time and there was no issue of the protection of a child to prevent the decree from being set aside. Wright v. Hall, 292 Ga. 457, 738 S.E.2d 594 (2013).

Cited in Wallace v. Wallace, 221 Ga. 510, 145 S.E.2d 546 (1965); Burnett v. Schweiker, 643 F.2d 1168 (5th Cir. 1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Annulment of Marriage, § 59.

C.J.S.

- 55 C.J.S., Marriage, § 56.

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