What is Annulment?

Posted April 12th, 2011 by .

Categories: Family Law.

annulment in new jersey anthony carboneUnder the right circumstances, a marriage may be deemed legally invalid, a process which, in effect, erases it as if it never occurred in the first place. This process differs from divorce and legal separation and requires specific criteria to be met. An experienced family law attorney can advise you of what is necessary to seek an annulment in the state of New Jersey.

An annulment is a legal process that dissolves a marriage by declaring that it was never valid in the first place. An experienced family law attorney such as Anthony Carbone, serving Jersey City and Newark for more than 20 years, can advise you on how to proceed with an annulment or tell you whether or not you qualify for one.

A common misconception among most people is that a short marriage may be annulled. However, the length of the marriage does not automatically qualify it for annulment. Annulments are granted usually because of some fraudulent factor that occurred at the time of the marriage. Examples of this include:

  • If one or both parties were minors at the time of the marriage and got married without parental consent
  • If the parties are closely related by blood
  • If one of the parties was already married
  • If one of the parties was mentally incapacitated, as in a case of drunkenness or other mental disability

An annulment may also be granted if the marriage was never consummated. A marriage entered into by force, duress, or threat is also grounds for annulment. Another reason a marriage may be annulled is if one of the parties has a criminal history, an undisclosed sexually transmitted disease, or is impotent.

If you would like to learn more about annulment in New Jersey, please contact the divorce attorneys at Law Offices of Anthony Carbone, P.C., serving Jersey City and Newark, New Jersey for over 20 years.

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