2020 Georgia Code
Title 19 - Domestic Relations
Chapter 4 - Annulment of Marriage
§ 19-4-5. Effect of Annulment

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.

(Ga. L. 1952, p. 149, § 5.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 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.

Sec.

• 19-5-1. Total divorces authorized; trial; referral for alternative dispute resolution.
• 19-5-2. Residence requirements; venue.
• 19-5-3. Grounds for total divorce.
• 19-5-4. Effect of collusion, consent, guilt of like conduct, or condonation.
• 19-5-5. Petition; contents and verification; demand for detailed statement.
• 19-5-6. Grant of divorce to respondent without necessity of counterclaim.
• 19-5-7. Transfer of property after filing of petition; lis pendens notice.
• 19-5-8. Pleading and practice.
• 19-5-9. Incompetency to serve as juror.
• 19-5-10. Duty of judge in undefended divorce cases; appointment of attorney; evidentiary hearings; evidentiary attacks on prior judgments.
• 19-5-11. Use of confession as evidence; corroboration.
• 19-5-12. Form of judgment and decree.
• 19-5-13. Disposition of property in accordance with verdict.
• 19-5-14. New trial.
• 19-5-15. Effect of divorce.
• 19-5-16. Restoration of maiden or prior name.
• 19-5-17. Determination of parties' rights; preventing remarriage forbidden.

- Optional retirement allowances; election of such options; revocation of election; effect of divorce, § 47-3-121.

- For annual survey on law of domestic 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).

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.

- 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.