What You Need to Know about Marriage Annulment in New Jersey

Marriage is among the most important milestones of society as it marks the creation of a family, which is considered to be the basic unit of the community. While marriages are intended to last forever, life doesn’t always work out according to our expectations. 

As such, you may be considering ending your marriage because of one reason or another. In New Jersey, there are two ways to officially sever your union: through a divorce or an annulment. 

What Is the Difference Between an Annulment and a Divorce?

Divorces are a more common way of ending marriages in New Jersey. A divorce simply terminates your marriage, and you become a divorcee who is eligible to remarry. However, an annulment is far more challenging to obtain because it renders a marriage null and void. It is often retroactive, which means that when a marriage is annulled, it is considered invalid from the onset as if it had not taken place at all. 

Are you considering annulling a marriage? New Jersey rarely grants annulment because of the higher burden of proof required. However, it does serve marriages that qualify on a limited basis. This is why you should first be sure your marriage qualifies for annulment before kick-starting the process. 

Grounds for Annulment in New Jersey

“Spouses looking to get their marriages annulled must first prove to the court that the union was never valid in the first place,” says Connecticut Family lawyer Galit Moskowitz

The most common grounds for annulment in New Jersey is fraud, where either spouse entered into the union under duress or fraud. Here are other grounds you should be aware of:

• If either spouse was underage when married 
• If either spouse was intoxicated while consenting to the marriage
• If either spouse had a mental disability that prevented them from consenting to the marriage
• Either spouse entered into the union as a joke or a prank
• Mental incapacity, bigamy, incest, and more 

Most people wonder whether infidelity is grounds for annulment in the Garden State. Unfortunately, it is not. If you want to end your marriage because your partner has broken your vows, divorce is the better alternative. 

Understanding the Difference Between Void and Voidable Marriages

There are two situations when a marriage can be annulled in New Jersey:

• Void marriage: This union should not have existed in the first place, such as when either spouse was incapacitated or mentally unwell when consenting to the union 
• Voidable marriage: Even though this marriage was legitimate at the time of the union, either party can challenge the marriage’s legitimacy after new information comes to light or new events occur. For example, you may find that your partner was already married to someone else at the time of your union 

In New Jersey, there’s no requirement to have been married for a set time before filing for annulment. All that is required is providing sufficient proof to meet the grounds for annulment as listed above.

Conclusion

Obtaining an annulment is far more difficult than filing for divorce. If you’re considering this path to void your marriage as if it never existed, it is imperative that you talk to a qualified divorce lawyer. They will analyze the facts and your reasons for annulment to help you understand whether you qualify.