§ 19-4-4.Procedure
Chapter 4. Annulment of Marriage · Last amended 1952 · Last verified October 9, 2026
Full Text of § 19-4-4
Plain-English Summary
Georgia does not write a separate procedure for annulments. This section borrows the divorce rules wholesale: service, jurisdiction, procedure, residence, pleading and practice for an annulment “shall be the same” as for a divorce. That means the residence rule of § 19-5-2 — six months as a bona fide Georgia resident before filing, with its military and nonresident provisos — applies to annulments too. So do the divorce pleading rules, such as the verified petition and required contents in § 19-5-5.
The section makes one exception, and it speeds up the uncontested case. A decree of annulment may be ordered at any time, in open court or in chambers, when two things are true: personal service was had at least 30 days beforehand, and no contest or answer has been filed. “In chambers” means in the judge’s office rather than in a courtroom session. The exception requires personal service — the respondent handed the papers — so a case served another way does not qualify for this shortcut.
The exception is permissive. The court “may” order the decree; it is not required to. And the marriage must still be one the law declares void, with no children born or expected as a result of it (§ 19-4-1). Once entered, the decree has the effect described in § 19-4-5.
Frequently Asked Questions
How long does an uncontested annulment take in Georgia?
Under this section, once the respondent has been personally served at least 30 days earlier and has filed no contest or answer, the court may order the annulment at any time. That is the earliest point the shortcut allows, not a promise. The court may grant the decree then but is not required to, and actual timing depends on the court.
Do I have to live in Georgia to get an annulment?
Generally, yes. This section makes the residence rules for annulment the same as for divorce. Under § 19-5-2, that generally means six months as a bona fide resident of Georgia before filing. The same section has two provisos: one for people who have lived on a U.S. army post or military reservation in Georgia for one year, and one that lets a nonresident file in the county of residence of a respondent who has lived in Georgia, and in that county, for six months.
Can an annulment be granted in the judge’s chambers instead of open court?
Yes, in the uncontested case this section describes. When personal service was had at least 30 days beforehand and no contest or answer is filed, a decree of annulment may be ordered “in open court or in chambers.” Whether the judge holds a hearing is left to the court; the section does not require one.
What if my spouse can’t be personally served with the annulment papers?
Then the 30-day shortcut in this section is not available, because it requires personal service. The case still goes forward under the same service and procedure rules that apply to a divorce, which this section adopts for annulments. The timing will follow those general rules instead.
Does an annulment petition need the same information as a divorce petition?
Yes. This section makes pleading for an annulment the same as for a divorce. Under § 19-5-5, a divorce petition must be in writing and verified by the petitioner, and it must show the respondent’s address, residence facts, the dates of marriage and separation, any minor children, the ground relied on, and property and earnings where support or property is at issue.
Amendment History
Laws 1952, p. 149, § 4.