My response:
You may have been married in Florida, but now you're under the jurisdiction of the State of Georgia. If you are not satisfied with the following laws of Georgia, you may obtain a divorce in Florida; however, you must first satisfy the Jurisdictional requirements for Florida all over again.
Grounds for Divorce / Annulment - Georgia:
Parties who enter into a marriage which is declared void by law shall have the right to file: (1) A petition for annulment; or (2) A petition for divorce, if grounds for divorce exist.
The following grounds shall be sufficient to authorize the granting of a total divorce: (1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity; (2) Mental incapacity at the time of the marriage; (3) Impotency at the time of the marriage; (4) Force, menace, duress, or fraud in obtaining the marriage; (5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; (6) Adultery in either of the parties after marriage; (7) Willful and continued desertion by either of the parties for the term of one year; (8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to mprisonment in a penal institution for a term of two years or longer; (9) Habitual intoxication; (10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; (11) Incurable mental illness. No divorce shall be granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party; and he has been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action; and the uperintendent or other chief executive officer of the institution and one competent physician appointed by the court, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship and that, in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his life. Notice of the action must be served upon the guardian of the person of the mentally ill person and upon the superintendent or other chief executive officer of the institution in which the person is confined. In the event that there is no guardian of the person, then notice of the action shall be served upon a guardian ad litem, who shall be appointed by the court in which the divorce action is filed, and upon the superintendent or chief executive officer of the institution in which the person is confined. The guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce; (12) Habitual drug addiction, which shall consist of addiction to any controlled substance as defined in Article 2 of Chapter 13 of Title 16; (13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.
19-4-1.
Annulments of marriages declared void by law may be granted by the
superior court, except that annulments may not be granted in
instances where children are born or are to be born as a result of
the marriage.
19-4-2.
Parties who enter into a marriage which is declared void by law
shall have the right to file:
(1) A petition for annulment; or
(2) A petition for divorce, if grounds for divorce exist.
19-4-4.
All matters of service, jurisdiction, procedure, residence,
pleading, and practice for obtaining an annulment of marriage shall
be the same as those provided by law for obtaining a divorce, with
the exception that a decree of annulment may be ordered at any time,
in open court or in chambers, when personal service is had at least
30 days beforehand and no contest or answer is filed.
19-4-5.
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.
Good luck to you.
IAAL
[Edited by I AM ALWAYS LIABLE on 04-02-2001 at 01:24 PM]
