Can My Marriage be Annulled in New Jersey?

Posted June 13th, 2016 by .

Categories: Family Law.

divorce arbitrationYou met the love of your life just a month ago. You know that he’s the one. Heck, even your family loves him! One day, you both decide to head to Justice of Pease and get married. Everything was perfect…until you started living with the man of your dreams. It only took a week, but you realized that you made a horrible mistake. You have to get out of this and fast.

We’ve all heard this tale of woe before. Usually, it’s the plot of some TV show or movie. But if this happened in real life, is it possible to get an annulment instead of going through the divorce process?

First, know that an annulment differs from a divorce. This court procedure ends the marriage and treats it like it never existed in the first place. In order to get an annulment in New Jersey, you and your spouse must fill out and file a Complaint of Annulment. In this complaint, you have to provide information about you, your spouse, any children you may have, your marriage, and the grounds for an annulment. The grounds for getting an annulment are very limited:

  • You or your spouse was under the age of 18 when you got married and once turning 18, you and your spouse have not had sexual relations.
  • At the time of your marriage, you or your spouse was unable to comprehend what was going on because of intoxication or a mental condition.
  • You or your spouse used fraud in order to get married.
  • You or your spouse were threatened into marriage.
  • You or your spouse have incurable impotence at the time of the marriage.
  • The marriage is illegal because you and your spouse are closely related.
  • Either you or your spouse was married to someone else at the time of your marriage.

If you and your spouse agree to an annulment, then you will have to testify before a judge and present evidence to show why an annulment is appropriate. Unlike a divorce, when you are annulled, there is no equitable distribution of property; in other words, whatever property you brought into the marriage is yours to keep once the marriage is dissolved. However, if there are children involved, the judge will be able to make decisions on child custody and support and even grant alimony, if appropriate.

If you are considering an annulment or a divorce in New Jersey, you’re going to need an attorney to help you through the process. Contact the Law Offices of Anthony Carbone today for a free consultation.

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