Annulments and divorces are extremely similar since they are both used to terminate a marriage. In a divorce, the cause of the demise of the marriage occurs during the marriage, however, when a marriage is annulled, the cause of the demise takes place before or at the time of the marriage. In the case of an annulment, the coupletreats the marriage as if it never actually happened. A marriage that is annulled is considered null and void. To annul your marriage in New Jersey, you and your spouse must fill out and file what is known as a “Complaint for Annulment.” We firmly understand that this situation is challenging. For assistance call us today at (732) 741-2600 to set up a confidential consultation. 

Annulment v. Divorce

Often, divorce carries a stigma. Some people view divorce as the epitome of a failed relationship and a signal for being less appealing to date. It is also common for people to want an annulment rather than a divorce for religious reasons. In other scenarios, an annulment is simpler and more preferred over the divorce process. 

How does the annulment process work?

When filing for an annulment, both spouses must be residents in the state of New Jersey at the time of filing. Information must be provided regarding yourself, your spouse, your children, your marriage, and the grounds for the annulment in the first place. You have grounds and can file for annulment in New Jersey if:

• Either spouse was under the age of 18 when the marriage took place, and since turning 18, both spouses have refrained from having sexual relations
• One or both of the spouses were unable to understand that they were marrying due to intoxication or a mental condition
• One of the spouses introduced lies or fraudulent activity to induce the other spouse into the marriage
• A spouse has impotence and it is incurable
• The marriage was never legal due to a close relation
• Bigamy 

For those that must file on their own, you must serve your spouse with the petition, meaning that it must be delivered by hand by another adult. If your spouse is agreeable and the Court finds that you indeed have grounds for an annulment, you can venture without a hearing and the judge will enter the decree of annulment. If your spouse disagrees, the judge will hold a hearing and both spouses will have the opportunity to testify and present evidence. If a judge decides to annul your marriage, you be granted a Judgment of Annulment, and your marriage is considered null and void immediately. 

Although the annulment process seems to be less complicated than the divorces process, the filing of paperwork involved in the annulment process may be intimidating. Let our team help you through this process, give us a call today.