My husband married me knowing that he was still married to his first wife and I am trying to get it annualed in the state of Atlanta,GA
Under the Georgia Code, a marriage is void from the beginning (void ab initio) if one party was married at the time of the second marriage. You may file action in Superior Court for annulment or divorce, the decision is yours. In choosing which legal theory to employ, you should decide carefully and immediately seek the assistance of counsel who can assist you in assessing the benefits and downfalls of divorce and/or annulment.
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That is terrible and I am so sorry. If your husband was married when he married you than your marriage is voidable if not void by law and you may file an annulment. Good luck and I hope things work out. There are also other ways to get divorced in your state, you should look into those in case they are less expensive and more expeditious. Take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Estate Planning Attorney
As Mr. Salata indicated, you do have grounds to have your marriage annuled in Georgia if your husband was legally married at the time he married you. In fact, this happens to be one of the limited reasons that you can seek an annullment in Georgia. I agree that you should contact an attorney to help you resolve this in a manner most favorable to you. Best wishes!
Family Law Attorney
I agree with my colleagues (you have grounds; you should contact an attorney). I have only one thing to add:
While you have excellent grounds to receive an annulment, it will not be awarded if you have any children with your husband.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
The Georgia Code states: a marriage is void from the very beginning if the husband or wife was married at the time of the second marriage. Based on the marriage being VOID from the beginning it would appear that you could file for an Annulment. Divorce would also be an option in this case. I would recommend that you retain the best family law/divorce attorney that is available to you. Your case will be much more complicated if you have children involved with this man. I hope this information has been helpful. Good Luck!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.