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What Is an Annulment? How Do You Annul a Marriage in New Jersey?

If your marriage isn’t working, and there’s little prospect for putting things back together, you might consider filing for divorce. But what about getting an annulment? What is an annulment? How does it differ from a divorce? What are the legal requirements for getting an annulment?

Annulment vs. Divorce

Similar to divorce, annulment is a legal procedure that terminates a marriage. Unlike a divorce, though, an annulment treats the marriage as if it never took place. When your marriage has been annulled, you can truthfully indicate on job applications or other documents that you’ve never been married.

It’s important to understand that there’s a difference between legal, or civil, annulment, and religious annulment. A religious annulment is typically granted by a church but has no legal effect.

How Do You Qualify for an Annulment in New Jersey?

A civil annulment is available in limited circumstances. To qualify for an annulment, one of the following circumstances must be proven:

You or your spouse were not of legal age (i.e., under the age of 18) when you were married, and you have not had sexual relations since turning 18.
You or your spouse entered the marriage because of lies or fraud committed by the other spouse.
You lacked the mental capacity to understand, at the time of marriage, that you were getting married.
You married under duress or undue influence.
You and your spouse are too closely related to be married under New Jersey law.
One spouse was legally married to another person at the time of the wedding.
Incurable impotence by one party at the time of marriage.

You must be a resident of New Jersey when you file for an annulment.

How Do You Get an Annulment in New Jersey?

To annul a marriage, you must file a Complaint for Annulment with the court and have a copy served on your spouse. If your spouse agrees to the annulment, an order will be issued without a hearing. However, if your spouse contests the request for annulment, a judge will hold a hearing,take testimony, and consider evidence to determine whether an annulment is appropriate.

Contact an Experienced New Jersey Family Law Attorney

At the law office of David M. Lipshutz, we won’t take your case unless we know we can help. For a private meeting, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 a.m. and 5 p.m.

Do I Need An Attorney For My Court Proceeding?

The answer is yes. It’s similar to asking if you need a surgeon for your operation. You really don’t want to operate on yourself, and you really don’t want to represent yourself in court.

The legal system is complicated. No one helps you along the way. People give you advice, and they mean well, but they don’t always know what they’re talking about, and your friend’s divorce results don’t necessarily match yours. All families – parents, their children, their jobs, homes, bank accounts, retirement plans, whatever – are unique. There is no ‘one size fits all’ solution in the legal system. The skill is crafting the best solution for your particular situation.

If you don’t handle things right, the consequences can be devastating– custody of a child with the wrong parent, or an unjustified restraining order keeping a person out of his or her home, or being wrongly placed on the State’s registry of domestic violence abusers, or paying too much child support or alimony, or receiving too little child support or alimony. Do NOT just expect “the system” to get things right– tons of mistakes are made because a case was not presented properly. The legal system is a huge bureaucracy and you won’t get much sympathy from overwhelmed court personnel.

I went to law school for three full years, and then studied for the bar exam for another half year. I’ve been navigating the legal system for 35 years.

I’ve learned a lot along the way. There is no way you’ll handle your case nearly as well as me if you have no legal training. I’ve watched people trying to represent themselves in courtrooms for many years, and I almost always cringe because they have no idea what they’re doing.

There’s nothing wrong with meeting with two or three attorneys to see which one you’re most comfortable with. Attorneys also cost money, and I have no magic answer for that. My practice is also a business, and attorneys, including me, charge for their services. But you do need an attorney for your court proceeding.

Contact Our Office

To set up an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you weekdays between 9 am and 5 pm. We won’t take your case unless we know we can help.

Annulments in New Jersey—An Overview