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Free Georgia Petition for Annulment Form - PDF Form Download

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Use this template/form as a Petition for Annulment Form in the State of Georgia

georgia-petition-for-annulment


Text version of this Form

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IN THE SUPERIOR COURT OF _____________ COUNTY
STATE OF GEORGIA
FAMILY DIVISION

Petitioner: ______________________,
Civil Action
and File No. _____________________

Respondent: ____________________.

PETITION FOR ANNULMENT

I,____________________________________________representing myself, state that:

1. Subject Matter Jurisdiction: I am the Petitioner in this action, and (Check (a) or
(b))

ë a) I have been a resident of the State of Georgia for more than six (6)
months prior to filing this action.

ë b) I am not a resident of the State of Georgia, but the Respondent has
been a resident of the State of Georgia and a resident of __________ County
for at least six (6) months prior to my filing of this action.

2. Venue and Service:

The Respondent’s name is _________________________________________.
(Check (a),(b),(c), or (d))

ë a) The Respondent is a resident of ___________ County and is subject to the
jurisdiction of this Court. (Check (1), (2), or (3))

ë 1)The Respondent has consented to the jurisdiction of this Court and
has acknowledged service of process and jurisdiction of this Court.

ë 2)The Respondent may be served at Respondent’s residence address
of ________________________________________.

If you require materials in alternate format, please notify the Family Law Information Center as soon as possible.
Annulment Petition-rev. 9/99 Page 1 of 5
1999 Superior Court Family Division

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ë 3)The Respondent may be served at Respondent’s work address of
_______________________________________________.
The Respondent works in _____________ County and shall be served by
second original.

ë b) The Respondent is a resident of _________________ County, State of
Georgia, but Respondent and I lived together in ____________ County at the time we
separated, Respondent has only moved from ___________ County within the past six
months from the date of this filing, and I am a resident of _____________ County. The
Respondent shall be served by second original at his home/work address
of_______________________.

ë c) The Respondent is a resident of _____________County, State of Georgia,
and I live in _____________ County. The Respondent has consented to the jurisdiction of
this Court and has acknowledged service of process and jurisdiction of this
Court.

ë d) The Respondent is not a resident of the State of Georgia, but I am resident
of ____________ County and (Check (1), (2), (3), or (4)),

ë 1) The Respondent was formerly a resident of the State of
Georgia and presently is a resident of the State of
_______________________. Respondent may be served by
second original pursuant to the Long Arm Statute, O.C.G.A. 9-10-91(5).
(Check a or b)

ë a)The Respondent may be served at Respondent’s residence
address of ________________________________________.

ë b)The Respondent may be served at Respondent’s work address
of _______________________________________________.
The Respondent works in _____________ County and shall be
served by second original.

ë 2) The Respondent’s whereabouts are unknown to me as shown by my
Affidavit of Due Diligence attached hereto and incorporated by reference,
marked Exhibit AA@. The Respondent shall be served by publication as is
provided by law in the case of those who cannot be found within the State
pursuant to O.C.G.A. 9-11-4(e).

ë 3) The Respondent has never resided in the State of Georgia
and currently resides in the State of ___________________.
The Respondent shall be served by publication as is provided by law in
the case of those who cannot be found within the State pursuant to

If you require materials in alternate format, please notify the Family Law Information Center as soon as possible.
Annulment Petition-rev. 9/99 Page 2 of 5
1999 Superior Court Family Division

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O.C.G.A. 9-11-4(e).

ë 4) The Respondent has consented to the jurisdiction of this Court
and has acknowledged service of process and jurisdiction of this Court.

3. Date of Purported Marriage(Check (a) or (b))

ë a) The Respondent and I entered into a purported marriage on
_________________.

ë b) The Respondent and I have lived together in a purported common law
marriage before January 1, 1997 as of ___________________.

4. Date of Separation

The Respondent and I separated on ______________________ and have since
that date continuously lived in a state of separation.

5. There are no children of this marriage.

6. Jointly Owned Property: (Check (a), (b), (c), or (d))

ë a) Respondent and I have no jointly owned property.

ë b) Respondent and I have already divided our jointly owned property to our
mutual satisfaction.

ë c) Respondent and I have the following jointly owned property that I have
checked, and I am asking this Court to equitably divided this property:

__house located at________________________________________________
__pension (mine-_______________, spouse’s-__________________________)
__motor vehicle (model/year ________________________________________)
__furniture (_____________________________________________________)
__bank accounts and investments (___________________________________)
__other (________________________________________________________)

ë d) The issue of the division of jointly owned property cannot be decided in this
action because Georgia does not have personal jurisdiction over spouse.

7. Joint Debts: Check (a) or (b)

ë a) Respondent and I have no outstanding joint debts

ë b) Respondent and I have the following outstanding joint debts and he/she

If you require materials in alternate format, please notify the Family Law Information Center as soon as possible.
Annulment Petition-rev. 9/99 Page 3 of 5
1999 Superior Court Family Division

———————– Page 4———————–

should be (solely liable for payment of these debts/ jointly liable for payment of
these debts/responsible for payment of the debts that I checked.)
Creditor Balance
__ _________________________ __________________________
__ _________________________ __________________________
__ _________________________ __________________________

ë c) The issue of the division of joint debts cannot be decided in this action
because Georgia does not have personal jurisdiction over the Respondent.

8. Temporary Alimony: (Check a, b or c)
ë a) I am seeking an award of temporary alimony.
ë b) I am not seeking an award of temporary alimony.
ë c) The issue of temporary alimony cannot be decided in this action because
Georgia does not have personal jurisdiction over my spouse.

9. Restore Former Name.

My former name is______________________________________ and I request
that it be restored to me.

10. Grounds for Annulment.

The grounds for annulment are as follows: (Check all that apply)
All of the following grounds require proof:

ë a) Intermarriage. The Respondent and I are related as follows: (circle)
father/daughter
father/stepdaughter
mother/son
mother/stepson
grandparent/grandchild
aunt/nephew
uncle/niece
brother/sister

ë b) Mental incapacity. I did not have the mental capacity to enter into a
marriage when we married because
________________________________________________________________
____________________________________________ .

ë c) Under age. I was under the age of 16 when I entered into the purported
marriage with the Respondent. The Respondent and I entered into the
purported marriage on ______________. I am ______years old and my date of
birth is _____________________.

If you require materials in alternate format, please notify the Family Law Information Center as soon as possible.
Annulment Petition-rev. 9/99 Page 4 of 5
1999 Superior Court Family Division

———————– Page 5———————–

ë d) Bigamy. The Respondent has a living spouse of an undissolved marriage
as follows:________________________________________________.

ë e) Force, menace, duress, in obtaining the purported marriage. I entered into
this marriage against my will as a result of ______________________________
_______________________________________________________________ .

ë f) Fraud. I was fraudulently induced to enter into the purported marriage as
follows:__________________________________________________________
_______________________________________________________________ .

FOR THESE REASONS, I request (check all that apply)

ë a) That a Rule Nisi be issued directing the Respondent to show cause why my
prayers should not be granted;

ë b) An award of the jointly owned property listed in paragraph 6;

ë c) Respondent to pay the joint debts listed in paragraph 7;

ë d) That all issues of division of property and debts be held in abeyance until
such time as this court has personal jurisdiction over the Respondent;

ë e) A change back to my former name______________________;

ë f) That the purported marriage between the parties be annulled ab initio;

ë g) Respondent be served with a copy of my Petition for Annulment; and

ë h) Any other appropriate relief.

This _________ day of ____________________________ , ______ .

_______________________________________________
Signature
Pro Se
Name (Print or type): ________________________________
Address: ________________________________________
_______________________________________________
Phone Number: (____)_____________________________

If you require materials in alternate format, please notify the Family Law Information Center as soon as possible.
Annulment Petition-rev. 9/99 Page 5 of 5
1999 Superior Court Family Division

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