O.C.G.A. § 19-4-2 (2019)
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.
History
Ga. L. 1952, p. 149, § 2.
Annotations
JUDICIAL DECISIONS Purpose of section. - Purpose of Ga. L. 1952, p. 149, §§ 1 and 2 (see now O.C.G.A. § 19-4-1 and 19-4-2), 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 Ga. LEXIS 788 (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 Ga. LEXIS 153 (2013).
RESEARCH REFERENCES Am. Jur. 2d. 4 Am. Jur. 2d, Annulment of Marriage, § 59.
C.J.S. 55 C.J.S., Marriage, § 56.