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Call Now: 904-383-7448A decree of annulment, when rendered, shall have the effect of a total divorce between the parties of a void marriage and shall return the parties thereto to their original status before marriage. However, a decree of annulment shall not operate to relieve the parties to a marriage of criminal charges or responsibilities occasioned by the marriage.
(Ga. L. 1952, p. 149, § 5.)
- Since a subsequent annulment is not merely a dissolution of the marriage but a judicial declaration that no marriage ever existed and, in the absence of a statutory declaration otherwise, its effect is usually said to make the annulled marriage void ab initio, a certificate of marriage to another woman did not establish an irrebuttable presumption that the petitioner was no longer the deceased's widower at the time the widower filed the year's support petition. Hamrick v. Bonner, 182 Ga. App. 76, 354 S.E.2d 687 (1987).
"Responsibilities occasioned by the marriage" are not limited to criminal charges but include civil liabilities, such as necessaries furnished the wife by a third person. McKinney v. McKinney, 242 Ga. 607, 250 S.E.2d 470 (1978).
Decree of annulment shall return parties to their original status but shall not relieve any party of criminal charges. McKinney v. McKinney, 242 Ga. 607, 250 S.E.2d 470 (1978).
Trial court erred in excluding from evidence a marriage certificate and the proffered testimony concerning the nature of the actual relationship between a petitioner for a year's support and another woman when, given the financial benefits which the petitioner and the woman stood to achieve after the caveat was filed by having their marriage annulled, a manifest injustice could result if the caveators were not permitted to go behind the annulment decree in an attempt to prove that the couple had in fact cohabitated as man and wife both before and after the entry of the annulment decree. Hamrick v. Bonner, 182 Ga. App. 76, 354 S.E.2d 687 (1987).
- While an annulment decree may have been res judicata between the parties thereto, it was not res judicata with respect to others who were neither parties nor in privity with the parties to the annulment proceedings. Hamrick v. Bonner, 182 Ga. App. 76, 354 S.E.2d 687 (1987).
- 4 Am. Jur. 2d, Annulment of Marriage, §§ 1, 77 et seq.
- 55 C.J.S., Marriage, § 75.
- Division of property upon annulment of marriage, 11 A.L.R. 1394.
Effect of annulment of marriage on rights arising out of acts of or transactions between parties during the marriage, 2 A.L.R.2d 637.
Right to allowance of permanent alimony in connection with decree of annulment, 81 A.L.R.3d 281.
Prior institution of annulment proceedings or other attack on validity of one's marriage as barring or estopping one from entitlement to property rights as surviving spouse, 31 A.L.R.4th 1190.
No results found for Georgia Code 19-4-5.