What is an Annulment?
When a person wants to end their marriage, they typically choose a divorce. However, in some cases, a couple may opt for annulment.
An annulment is a court ruling that a marriage was never valid. It declares a marriage null and void, as if it never legally happened. Unlike a divorce, which ends a valid marriage, an annulment erases the marriage entirely.
The most common ground for annulment is fraud, although an annulment can be granted for other reasons as well. Annulments are rare and harder to get than divorces, as they require a significant amount of proof. Therefore, if you’re unsure about your case, it’s a good idea to consult a family law attorney, especially if significant assets or children are involved.
Here is a look at the grounds for annulment as well as the process.
Grounds for Annulment in New Jersey
You must prove at least one of these grounds to qualify for an annulment:
- Fraud or misrepresentation. One spouse lied or concealed important facts, such as lying about the ability to have children, hiding a criminal record, or marrying solely for immigration purposes.
- Bigamy. One spouse was already legally married to someone else at the time of the marriage.
- Incest. The spouses are too closely related (closer than first cousins).
- Lack of capacity. One spouse was too intoxicated, mentally ill, or otherwise unable to consent to the marriage.
- Duress. One spouse was forced or threatened into the marriage.
- Underage marriage. One or both spouses were underage and did not have the required parental or court consent.
- Impotence. One spouse was physically unable to have sexual relations, and the other spouse was unaware before the marriage.
The Process
- Confirm eligibility. First, make sure your situation fits one of the legal grounds for annulment. New Jersey courts generally expect clear proof, so gather any documents, messages, or witnesses you may need.
- Prepare the forms. You will need to complete a Complaint for Annulment and file it with the court. The complaint includes basic info about you and your spouse, the date and place of the marriage, and the specific reason you’re requesting the annulment. Confirm with the court as to what other forms you may need.
- File with the court. File your completed paperwork at the Family Division of the Superior Court in the county where you or your spouse lives. You will also need to pay the filing fee.
- Serve your spouse. You’re legally required to notify your spouse of the case through service of process. You need to have a sheriff or process server hand-deliver the papers. Your spouse then has 35 days to respond.
Contact Our Cherry Hill Divorce Lawyer Today
An annulment is like a divorce in that it ends a marriage. However, it takes things a step further and treats the marriage as if it never happened.
Annulments are not common, but they can happen in some cases. A Cherry Hill divorce attorney from Fiore Law can answer your questions and see if you qualify for one. To schedule a consultation with our office, give us a call at (856) 214-8964 or contact us online.