20 Oct Getting An Annulment in New Jersey

As in a divorce, an annulment is a legal court proceeding that dissolves a marriage. It is different than a divorce by the fact that an annulment looks at the marriage as though it had never taken place at all. However, unlike the “no- fault “ divorces, an annulment requires reasons or “grounds”. In New Jersey, grounds for an annulment are considered to be the following:

• One of the spouses was under 18 years of age at the time of the marriage, and upon turning 18 years of age; sexual relations have not taken place.
• You or your spouse was intoxicated or had a mental disorder at the time of the marriage.
• Lies or fraud prior to marriage that induced the union.
• Marriage took place under threatening circumstances.
• Incurable impotence.
• You and your spouse are too closely related.
• Bigamy, meaning you or your spouse was married to another at the time of your marriage.

 

To acquire an annulment in the state of New Jersey, a “Complaint for Annulment” form must be filled out and filed with the courts. Within the complaint, you will provide information about yourself, your spouse and any children, along with the “grounds” for the annulment. Your spouse will be served with the annulment papers and if your spouse agrees with the annulment and its specifics, a judge will enter a “decree of annulment”. However, a hearing will be held if your spouse does not agree. Both parties will testify and a judge will determine whether an annulment decree is appropriate. If the judge decides an annulment is appropriate, you will receive a “Judgment of Nullity”.

Should the couple have children, the children are still considered “legitimate” after an annulment. The judge can make decisions about child custody, child support and alimony; however, distribution of assets depends solely on title to the property.

Call to Schedule A Consultation With Divorce Attorney Jeffrey M. Bloom

Many people feel that a divorce has a certain “stigma” attached to it, and would rather have an annulment if it were available to them. A “civil” annulment, which has been discussed here, should not be confused with a “religious annulment”, which can only be granted by a clergy or church. If you need legal representation or have questions about getting a marriage annulment vs a divorce, contact the Law Offices of Jeffrey M. Bloom today – (855) 208-3650.