Atlanta, GA asked in Divorce and Family Law for Georgia

Q: Can I get an annulment in Georgia due to undisclosed mental health issues?

I am considering getting an annulment of my 12-year marriage. My husband did not disclose his mental health illness and opiate addictions when we first met, even though I specifically asked him about it. I have known about his issues for approximately 9.5 years. We've gone through multiple marriage and individual counseling sessions and have lived apart for a total of about 5 years during our marriage. He was the breadwinner while we lived together but is now on disability due to mental health and substance abuse issues. I work full time, have bought a home in my name, and maintain separate bank accounts and vehicles from him. As of December 31, 2022, we have been living separately. I have sought divorce lawyers for advice but am unsure about the annulment process and whether I qualify for it under these circumstances. Can I pursue an annulment in Georgia?

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Regina Irene Edwards
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Answered

A: No. You can file for divorce. If you found out about his issues 9 years ago and decided to stay, it's difficult to argue fraud now.

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