Seeking a permanent separation from your spouse? Maybe you are considering an annulment or divorce? What is the difference between an annulment and divorce in NJ? A divorce is a legal way to end a marriage, but an annulment is a legal way to make it as if the marriage never happened in the first place. Learn more about how an annulment works in New Jersey from Carvajal Law.

Married couple signing papers

Difference Between a Contested and an Uncontested Divorce in New Jersey

What are Grounds For Annulment in New Jersey

Just like a divorce, an annulment has to have a valid reason for it to be able to proceed through the court system. Again, just like with a divorce, these grounds can vary from state to state but for New Jersey residents, there are several grounds that your situation could qualify under, and we list them here:

Couple going through divorce signing papers
  • Intoxication or a mental condition made it so that at least one spouse was unable to comprehend that they were marrying
  • One spouse was compelled to marry under duress from severe threats
  • Incurable impotence of one spouse at the time of marriage
  • Spouses are too closely related to one another
  • One spouse was already married also known as bigamy
  • One spouse was compelled to marry the other based on fraud or lies
  • One spouse was under the age of 18 before marriage and the married couple has not had sexual relations since turning 18

Is a Legal Annulment Different Than a Religious Annulment?

If you really want it to be like your marriage never happened both in the eyes of the law and in the eyes of your church, then you will have to seek a religious annulment separately from your legal one. That is beyond our area of expertise, but rest assured that once your legal annulment is complete in New Jersey, then at least under the eyes of NJ law, your marriage never existed.

What Happens to Children and Property After Annulment?

Unlike with a divorce, who owns the property after an annulment is decided based on the names on the title. If you both have your names on certain titles then they will be divided equally. When it comes to custody and alimony, the judge can still make decisions during the annulment proceedings. However, the father will still remain legally the father of any children had together.

What’s Considered a Marital Asset in New Jersey?

Do You Need an Attorney For a New Jersey Annulment?

Some New Jersey Annulment cases may be fairly cut and dry but many are not. That’s why we encourage you to get an attorney to ensure that everything goes smoothly. An annulment can still result in a trial and if your marriage existed for a while, then there still are likely several things including custody of children and alimony that will need to get determined by the courts, which is why you will want a lawyer involved and on your side from the start. You can rely on the law offices of Carvajal Law in North Bergen, New Jersey. We serve Jersey City, West New York, Newark, Hoboken, Bayonne, and the surrounding communities.

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