§ 19-4-3.Petition by next friend
Chapter 4. Annulment of Marriage · Last amended 1952 · Last verified October 9, 2026
Full Text of § 19-4-3
Plain-English Summary
Some of the people whose marriages are most likely to be void are the people least able to go to court on their own. Under § 19-3-2, a person must be of sound mind and must meet the age requirement to marry, and under § 19-3-5 a marriage of a person unable to contract is void. This section makes sure those same people can get an annulment. It lets a petition for annulment be filed “by next friend” for minors or persons of unsound mind.
A next friend is someone who brings a case in another person’s name because that person lacks the legal capacity to bring it alone. Generally, the next friend is not a party in their own right; the case belongs to the minor or the person of unsound mind. The section is permissive — a petition “may” be filed this way — and it does not say who may serve as next friend, so it does not limit the role to parents or relatives.
The section speaks only to petitions for annulment. It does not address divorce. Everything else about the case follows the general annulment rules. The marriage must be one “declared void by law,” and no annulment may be granted when children are born or are to be born as a result of the marriage (§ 19-4-1). Service, residence, pleading and practice follow divorce law under § 19-4-4.
Frequently Asked Questions
Can a parent file for annulment of a minor’s marriage in Georgia?
A petition for annulment may be filed for a minor by a next friend, and a parent can fill that role. The section does not say who may act as next friend, so it does not restrict the role to parents. The marriage must still be one the law declares void, and the bar in § 19-4-1 on annulments when children are born or expected still applies.
What is a next friend in a Georgia annulment case?
A next friend is a person who files a case on behalf of someone who cannot bring it alone — here, a minor or a person of unsound mind. The case is brought for that person’s benefit. This section allows a petition for annulment to be filed that way; it does not add any special qualifications for the next friend.
Can someone annul the marriage of a person who lacked mental capacity?
Yes, if the marriage is void. Under § 19-3-2, a person must be of sound mind to be able to contract marriage, and § 19-3-5 makes marriages of persons unable to contract void. This section lets a next friend file the annulment petition for a person of unsound mind. The court still cannot grant an annulment if children were born or are to be born as a result of the marriage (§ 19-4-1).
Does this section let a next friend file for divorce?
No. This section speaks only to a “petition for annulment.” It says nothing about divorce. A different rule governs one divorce ground involving mental illness: § 19-5-3(11) requires notice to the mentally ill spouse’s guardian, or to a court-appointed guardian ad litem if there is no guardian, and to the superintendent or chief executive officer of the institution where the spouse is confined.
How old do you have to be to get married in Georgia?
Under § 19-3-2, a person must be at least 18, with one exception: a 17-year-old may marry only with documentary proof of emancipation and only if the other conditions in § 19-3-2(b) are met. No license may be issued for anyone under 17. A minor whose marriage is void can seek an annulment through a next friend under this section.
Amendment History
Laws 1952, p. 149, § 3.