If you wish to dissolve your marriage, please read on, then contact an experienced New Jersey virtual divorce lawyer to learn what you should know about an annulment in the Garden State.
What is an annulment like in New Jersey?
Like a divorce, an annulment is a court procedure that dissolves, or ends, a marriage. An annulment is different from a divorce in that an annulment treats the marriage like it never happened. Some people still think divorce carries a stigma, so they would rather have their marriage annulled than get a divorce. All that being said, courts do not regularly hand out annulments, because this court procedure requires very specific grounds for execution.
Who qualifies for an annulment in New Jersey?
As alluded to above, there are limited reasons, otherwise known as grounds, for getting an annulment in the Garden State. You can get an annulment in New Jersey for any of the following grounds:
- You or your spouse was under the age of 18 at the time you married and since turning 18 you and your spouse have not had sexual relations
- Due to a mental condition or intoxication, you or your spouse was unable to comprehend that you were marrying
- Fraud, or lies, by you or your spouse that induced the other to marry
- You or your spouse only married because of severe threats
- Incurable impotence by you or your spouse at the time of marriage
- The marriage was illegal because you and your spouse are too closely related
- Bigamy, i.e. you or your spouse were/was married to someone else at the time of your marriage
How does one obtain an annulment in the Garden State?
In order to obtain an annulment in the Garden State, you or your spouse must be a resident of New Jersey at the time you file. That means you must have been living in New Jersey for the last 12 consecutive months before filing. If you meet all of the requirements, you can fill out and file a Complaint for Annulment, in which you provide information about yourself, your spouse, your children, your marriage and your grounds for annulment. Next, you will have to have your spouse served with the petition, in the manner prescribed by the state. Depending on your spouse’s response, you may or may not have to attend a hearing, in which you will both testify and present other evidence to the judge so that the judge can determine whether an annulment is appropriate.
Before you fill out and file the Complaint, you would be well advised to reach out to a skilled Ocean County divorce attorney to discuss your options and prepare your case.
Contact our experienced Ocean County firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.