What are the Grounds for an Annulment of Marriage in New Jersey?
Similar to a divorce, an annulment of marriage in New Jersey ends a marriage. Dissimilar to a divorce; however, an annulment of marriage in New Jersey reverses the marriage, making it as though the marriage never took place or existed. A New Jersey resident may choose to seek an annulment of marriage in New Jersey instead of a divorce for one of the following reasons:
• Financial: New Jersey Courts will typically not award alimony for Annulments of Marriage in new Jersey
• Social: An annulment of marriage in New Jersey will not carry the same social stigma as a divorce proceeding
• Religious: Many religions frown upon divorce, making annulments of marriage in New Jersey the more desirable route.
While a number of couples seek an annulment of marriage in NJ, there are only a handful of circumstances in which an annulment of marriage in New Jersey may actually be administered. To be eligible for an annulment of marriage in New Jersey, the couple must prove to the court there is some type of material misrepresentation or fraud to the core or essentials of the relationship.
The following are the only permissible grounds for an annulment of marriage in New Jersey:
Annulment of Marriage in NJ Based on Duress: A couple may file for an annulment of marriage in New Jersey if a threat of serious violence causes a couple to become unmarried. In this instance couples may file for annulments of marriage in New Jersey. An example of duress would be if a husband threatens to murder his wife or one of her family members.
Annulment of Marriage in NJ Based on Bigamy: A couple may seek an annulment of marriage in New Jersey if a spouse has another living spouse at the time the major was finalized. This ground for an annulment of marriage in New Jersey requires a spouse to be unaware of their spouse’s existing marriage at the time of the marriage. Additionally, when a spouse files for an annulment of marriage in New Jersey, they must be able to prove that the marriage was actually real. Bigamy is a criminal offense in the state of New Jersey.
Annulment of Marriage in NJ Based on Nonage: No individual under the age of 18 possesses the legal right to consent to a marriage. Therefore, any marriage affirmed between one or two spouses below the age of 18 is deemed void and thus eligible for annulments of marriage in New Jersey at any juncture.
Annulment of Marriage in NJ Based on Impotence: If a spouse is impotent at the time of the marriage and the condition was not revealed or conceded, a filing spouse can be granted an annulment of marriage in New Jersey. This grounds for annulments of marriage in New Jersey occurs when a spouse is either unable to consummate the union be engaging in sexual relations or refuses to do so. In addition to impotence, an annulment of marriage in New Jersey may be sought if the wife conceals from her husband that she is unable to birth children.
Annulment of Marriage in NJ Based on Incapacity: An annulment of marriage in New Jersey may be processed if there was no informed consent at the time of marriage. A marriage can be annulled, if a spouse lacks the mental ability or capacity to understand that they are married. Incapacity often occurs when one—or both—of the spouses are severely inebriated and decide to get married on a whim.
Annulment of Marriage in NJ Based on Incest: An annulment of marriage in New Jersey will be granted if a spouse marries a blood relative
Annulment of Marriage in NJ Based on Fraud: Any mistruth or misrepresentation that alters a marriage may be deemed fraud. The most common types of fraud occur when:
• Annulment of Marriage in NJ may be granted if one of the spouses lies about their lack of desire or desire to have children
• Annulment of Marriage in NJ may be granted if One of the spouses is an illegal immigrant and only goes through with the marriage for citizenship purposes
• Annulment of Marriage in NJ may be granted if One of the spouses lies about being addicted to alcohol or drugs
• Annulment of Marriage in NJ may be granted if One of the spouses misrepresents their religious beliefs, which at the time, was a major factor in the couple’s union
• Annulment of Marriage in NJ may be granted if The wife fails to advise her husband at the time of the marriage that she is currently pregnant from another man
In the majority of cases annulments of marriage in New Jersey are granted when there is a short marriage and few debts and assets have been jointly accumulated. Because annulments of marriage in New Jersey treat the marriage as if it never existed, the court will not engage in a division of marital property or assets. That being said, a division of property may occur based on general contact laws. During annulments of marriage New Jersey, the local courts possess the ability to award child custody and alimony to one of the participating spouses.
How to File for an Annulments of Marriage in NJ:
New Jersey family courts will decree a marriage as null and void if one of the above grounds is proven. The new Jersey Family Court maintains jurisdiction over every annulment case filed within the state. Unlike divorce cases, there are no residency requirements to file for an annulment of marriage in New Jersey, so long as one of the parties is a bona fide resident of the state at the time the action commences.
Please follow the below steps for an annulment of marriage in New Jersey:
• To receive an annulment of marriage in NJ, you must first confirm the facts of your case; to receive an annulment of marriage in NJ your case must meet one of the above listed statutory grounds for annulment. If your case does not meet one of these needs, the courts may not grant you an annulment of marriage in New Jersey.
• Prepare a formal complaint alleging the ground for an annulment of marriage in New Jersey. Download your local family court’s complain form and list the facts of your case to prove to the system why you are entitled to receiving an annulment of marriage in New Jersey.
• Complete the civil case information form. This sheet provides the court a summary of the basic information of your marriage and your request for an annulment of marriage in New Jersey. This form identifies the spouse’s names, their contact information and basic information of the case. The form may be downloaded at the New Jersey judiciary website, located here.
• Next, to receive an annulment of NJ, you must file your complaint at your local Superior Court. The filing fee for annulments of marriage in New Jersey is currently $200. When filing the complaint, bring two copies of the civil case information sheet and the original complaint form.
• After the above steps are fulfilled you must formally your spouse. The courts will provide you with a Track Assignment Notice and a stamped copy of your papers. You are required to prepare a summons and serve it with a copy of the above documents to your spouse. You should hire a process server to deliver the forms to your spouse. This professional will also prepare an affidavit of service. File this affidavit with the local court as proof that your spouse was formally served.
