NJ ANNULMENT LAWYERS

What Are The Grounds For An Annulment in New Jersey

Similar to a divorce, an NJ annulment ends a marriage. However, unlike a divorce, an annulment in New Jersey generally has the effect of reversing the marriage thus making it so that the marriage never actually existed. Generally, someone would seek out an annulment as opposed to a divorce for one of the following reasons:

• Social - If your marriage is annulled, then you do not have the social stigma of having been divorced.
• Financial – The courts are less likely to award alimony in New Jersey annulments versus divorce proceedings.
• Religious – Some religions frown upon divorce, but are more accepting of an NJ annulment.

There are only certain circumstances in which an NJ annulment will be granted. In order to be eligible for an annulment in New Jersey there must have been some type of fraud or material misrepresentation to the “essentials of the marriage” relationship. Listed below are several grounds for an annulment from which to choose:

• Bigamy

  Bigamy occurs when your spouse has another living spouse at the time of your marriage. This ground requires that you were unaware of your spouse’s other existing marriage at the time of your marriage and that you can prove the existence of that marriage at the time you are requesting an annulment in New Jersey. Also, as you may already know, bigamy is a criminal offense.

• Duress

  If there was a threat of serious violence that led to your marriage, then you may be eligible for an annulment on the ground of duress. For example, there have been situations where a man threatens to kill his girlfriend’s brother unless she goes through with the marriage. In this case, duress may apply because the only reason the woman got married was to save her brother’s life.

• Nonage

  No person under the age of 18 has the legal right to consent to be married. This type of marriage is subject to an annulment at any future time subject to the ground of nonage.

• Incapacity

  If a person lacks the mental capacity to understand that a marriage is taking place, the marriage can be annulled since there was no informed consent to enter into the marital contract. This often occurs when someone who is intoxicated goes to a chapel on a whim and participates in a quick marriage ceremony.

• Impotence

  If your spouse was impotent at the time of your marriage and this fact was unknown to you or concealed by your spouse, then you may qualify to obtain a New Jersey annulment on the ground of impotence. This can occur in situations where your spouse is unable to consummate your marriage by engaging in sexual relations or refuses to do so. A different variation that applies to this ground is a situation where a woman conceals the fact that she is unable to bear children from her prospective husband knowing his strong desire to have biological children.

• Incest

  If you are married to a blood relative, then you may be able to obtain an annulment on the ground of incest.

• Fraud

  To obtain an annulment in New Jersey on the ground of fraud, a misrepresentation must have been made prior to the marriage which had the truth been known at that time, the marriage would not have occurred. The most common fraud seen in these types of cases occurs when:

  • One spouse lied about their desire (or lack of desire) to have children.
  • One spouse lied about their addiction to drugs or alcohol.
  • One spouse is an immigrant who used the other spouse merely to stay in the country.
  • One spouse misrepresents their religious beliefs and that factor was an essential part of the other spouse’s decision to get married.
  • A woman failed to advise her spouse that at the time they were married she was pregnant by another man.

In most circumstances, annulments in New Jersey apply when there is a very short marriage and when few, if any, assets and debts have been accumulated. Since an NJ annulment treats the marriage as though it never happened, no marital property division would take place unlike that which would occur in a divorce proceeding. However, property division may still occur through general contract law. Moreover, in marriage annulment proceedings, the courts have the power to award custody to children born of that relationship and may also award alimony payments.

Contact us at (973) 457-1244 for a FREE INITIAL CONSULTATION with one of our New Jersey Family and matrimonial lawyers to discuss your NJ annulment rights and options.