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§ 19-4-5.Effect of annulment

Chapter 4. Annulment of Marriage · Last amended 1952 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-4-5 says a Georgia annulment decree has the effect of a total divorce and returns the parties to their status before the marriage, but does not relieve them of criminal charges or responsibilities the marriage caused.

Full Text of § 19-4-5

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A 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.
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Plain-English Summary

This section answers the question every annulment petitioner asks: what does the decree do? Its first sentence gives two answers. An annulment decree has the effect of a total divorce between the parties of a void marriage, so it ends the marriage as a total divorce would. And the decree returns the parties to their original status before the marriage — each is single again, as before the wedding.

The second sentence draws a line. An annulment does not relieve the parties of “criminal charges or responsibilities occasioned by the marriage.” Some void marriages involve crimes. Section 19-3-3(a), for example, makes it a crime to knowingly marry certain close relatives. Annulling the marriage does not erase that exposure. Whatever criminal consequences the marriage caused survive the decree.

Compare § 19-5-15, which governs the effect of a divorce. A divorce usually ends a marriage from the date of the decree, but a divorce granted for a cause that made the marriage void originally annuls it from its inception. Annulment is open only for marriages declared void by law and is barred when children are born or are to be born as a result of the marriage (§ 19-4-1). Either way, § 19-4-2 lets parties to a void marriage file for divorce instead, if grounds for divorce exist.

Frequently Asked Questions

What does an annulment do in Georgia?

It ends a void marriage. This section says an annulment decree has the effect of a total divorce between the parties and returns them to their original status before the marriage. Each person is legally single again. The one thing it does not undo is any criminal charge or responsibility the marriage caused.

Can I remarry after an annulment in Georgia?

Yes. An annulment decree has the effect of a total divorce and returns the parties to their status before the marriage. A total divorce leaves both parties free to remarry: the decree form in § 19-5-12 states that both have the right to remarry, and § 19-5-17 forbids placing anyone under a disability that would prevent remarriage.

Does an annulment get rid of criminal charges related to the marriage?

No. The section says an annulment “shall not operate to relieve the parties” of criminal charges or responsibilities caused by the marriage. For example, § 19-3-3(a) makes it a crime to knowingly marry certain close relatives, and an annulment of that marriage does not erase the offense.

Is an annulment the same as saying the marriage never happened?

Close, but not entirely. The decree returns the parties to their original status before the marriage, so in their civil status it is as if they never married. But the section keeps one consequence alive: criminal charges or responsibilities caused by the marriage survive the annulment.

How is an annulment different from a divorce in Georgia?

An annulment is available only for a marriage declared void by law, and never when children are born or are to be born as a result of the marriage (§ 19-4-1). A divorce requires a ground under § 19-5-3 and usually ends the marriage from the date of the decree (§ 19-5-15). In effect, though, an annulment works like a total divorce under this section.

Amendment History

Laws 1952, p. 149, § 5.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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