O.C.G.A. § 19-4-5 (2019)

Annotations

JUDICIAL DECISIONS Annulled marriage is rendered void ab initio. - 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 Ga. App. LEXIS 1599 (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 Ga. LEXIS 1298 (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 Ga. LEXIS 1298 (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 Ga. App. LEXIS 1599 (1987). Annulled marriage as res judicata. - 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 Ga. App. LEXIS 1599 (1987).

RESEARCH REFERENCES Am. Jur. 2d. 4 Am. Jur. 2d, Annulment of Marriage, §§ 1, 77 et seq. C.J.S. 55 C.J.S., Marriage, § 75. ALR. 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.

CHAPTER 5 DIVORCE Sec.

Total divorces authorized; trial; referral for alternative dispute resolution. Residence requirements; venue. Grounds for total divorce. Effect of collusion, consent, guilt of like conduct, or condonation. Petition; contents and verification; demand for detailed statement. Grant of divorce to respondent without necessity of counterclaim. Transfer of property after filing of petition; lis pendens notice. Pleading and practice. Incompetency to serve as juror.

Cross references. Optional retirement allowances; election of such options; revocation of election; effect of divorce, § 47-3-121. Law reviews. For annual survey on law of domestic

Sec.

Duty of judge in undefended divorce cases; appointment of attorney; evidentiary hearings; evidentiary attacks on prior judgments. Use of confession as evidence; corroboration. Form of judgment and decree. Disposition of property in accordance with verdict. New trial. Effect of divorce. Restoration of maiden or prior name. Determination of parties’ rights; preventing remarriage forbidden.

relations, see 42 Mercer L. Rev. 201 (1990). For article, “The Renewed Significance of Title in Dividing Marital Assets,” see 16 (No. 6) Ga. St. B.J. 24 (2011).

RESEARCH REFERENCES Am. Jur. Proof of Facts. Waiver of Spousal Rights in Estate of Deceased Spouse, 7 POF2d 443. Transfer of Assets in Fraud of Spouse’s Antenuptial Contractual Rights, 14 POF2d 755. Forensic Economics - Use of Economists in Cases of Dissolution of Marriage, 17 POF2d 345. Status of Property as Separate, 20 POF2d 321. Divorce and Separation - Fraudulent Procurement of Property Settlement, 28 POF2d 663. Transmutation of Separate Property into Community Property, 37 POF2d 379.

Enforceability of Premarital Agreement Based on Fairness of Terms and Circumstances of Execution, 7 POF3d 581. Valuation of Goodwill of Professional Practice for Distribution on Divorce, 8 POF3d 215. Extent of Community and Separate Interests in Real Property, 19 POF3d 705. ALR. Vacating or setting aside divorce decree after remarriage of party, 17 A.L.R.4th 1153. Divorce and separation: effect of trial court giving consideration to needs of children in making property division - modern status, 19 A.L.R.4th 239.

Spouse’s liability, after divorce, for community debt contracted by other spouse during marriage, 20 A.L.R.4th 211. Excessiveness or adequacy of amount of money awarded as permanent alimony following divorce, 28 A.L.R.4th 786. Effect of death of party to divorce proceeding pending appeal or time allowed for appeal, 33 A.L.R.4th 47. Divorce: excessiveness or adequacy of combined property division and spousal support awards - modern cases, 55 A.L.R.4th 14. Divorce: order requiring that party not compete with former marital business, 59 A.L.R.4th 1075.

Prejudgment interest awards in divorce cases, 62 A.L.R.4th 156. Insanity as defense to divorce or separation suit - post-1950 cases, 67 A.L.R.4th 277. Divorce: spouse’s right to order that other spouse pay expert witness fees, 4 A.L.R.5th 403. Joinder of tort actions between spouses with proceeding for dissolution of marriage, 4 A.L.R.5th 972. Divorce and separation: consideration of tax consequences in distribution of marital property, 9 A.L.R.5th 568.