George Boyle
Annulments in New Jersey are generally used to end short-term marriages, and there is no time limit for annulments in the state. However, annulments are more difficult to obtain than divorces because they require proof of certain grounds, such as bigamy, lack of capacity, fraud, or duress. The annulment process begins by filing a Complaint for Annulment with the court, and if the judge grants the annulment, the marriage is legally considered to have never happened.
| Characteristics | Values |
|---|---|
| Grounds for annulment | Bigamy or polygamy, family relationship with spouse, impotency and failure to consummate the marriage, lack of capacity, fraud or coercion, being a minor at the time of marriage, intoxication, and more |
| Requirements for a valid marriage | Parties to a marriage must be at least 18 years old, mentally competent, free of a prior marriage, and free to marry |
| Annulment process | Filing a "Complaint for Annulment" with the court, providing information about the marriage and grounds for annulment, serving the spouse with the complaint, and potentially attending a hearing if the spouse does not agree |
| Timeframe | No defined time period, but generally used for very short-term marriages; can be granted in a few months if there are no disputes |
| Costs | Varies depending on whether the spouse contests the annulment and the issues involved, such as custody, spousal support, etc. |
| Religious annulment | Has no legal bearing on the marriage and must be pursued through the church or clergy |
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What You'll Learn
Grounds for annulment in New Jersey
Annulments in New Jersey are generally used in very short-term marriages where few (if any) assets and debts have been accumulated. Annulments are much more difficult to obtain than divorces because you must prove at least one of the grounds listed below.
- Bigamy or polygamy: If you or your spouse was already legally married to another person at the time of your marriage, this is considered bigamy. To annul the marriage on these grounds, you must prove that you were unaware of your spouse's existing marriage at the time.
- Incest: If you are married to a blood relative, you may be eligible to annul the marriage on these grounds.
- Impotency and the failure to consummate the marriage: If your spouse was impotent at the time of the marriage and this fact was unknown to you or concealed by your spouse, you may be able to obtain an annulment. This often occurs when a spouse is either unable to consummate the marriage by engaging in sexual relations or refuses to do so.
- Lack of capacity: If either spouse lacked the mental capacity to marry due to issues such as a mental health condition, substance abuse, intoxication, duress, or fraud, the marriage can be annulled. This often occurs when someone who is intoxicated goes to a chapel on a whim and participates in a quick marriage ceremony.
- Fraud or coercion: If you were lied to by your spouse about important information or you were forced into marriage, you may be able to obtain an annulment.
- Being a minor at the time of marriage: If either spouse was a minor at the time of marriage and has not sought to ratify (affirm) the marriage since turning 18, the marriage can be annulled.
Catholic annulment
A Catholic annulment means that you and your spouse were never married in the sacramental sense. Common reasons for annulment in the Catholic Church include at least one partner not fully and freely consenting to the marriage, a lack of intent to be faithful, or one or both partners not intending to be open to children. It's important to note that a Catholic annulment has no legal bearing on your marriage.
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How to file for annulment
Annulments are generally more difficult to obtain than divorces because they treat the marriage as though it never existed. In New Jersey, there are only a few circumstances in which an annulment will be granted.
To file for an annulment, you must fill out and file a "Complaint for Annulment" form. You will need to provide information about yourself, your spouse, your children, and the grounds for the annulment. This should be done in consultation with an annulment attorney. Your spouse will then be served with the petition. If your spouse agrees to the annulment, the judge will annul the marriage through decree without a hearing. If your spouse disagrees, you and your spouse will have to testify before a judge and present evidence proving one of the grounds for annulment.
The grounds for annulment in New Jersey include:
- You or your spouse were under 18 when you married and since turning 18, you and your spouse have not had sexual relations
- Due to a mental condition, intoxication, or extreme drunkenness, you or your spouse was unable to comprehend that you were marrying
- Fraud, lies, or coercion by you or your spouse that induced the other to marry
- Incurable impotence by you or your spouse at the time of the marriage
- The marriage was illegal because you and your spouse are too closely related (incest)
- Bigamy, which means that you or your spouse was married to someone else at the time of your marriage
- Lack of consent due to force or duress
- One spouse only married for the purpose of obtaining citizenship
- One spouse lied about their desire to have children
- One spouse was pregnant by another man and did not disclose this at the time of the marriage
- One spouse lied about being addicted to alcohol or drugs
- Misrepresentation of religious beliefs, which was a major factor in the marriage
Annulments are generally used in very short-term marriages where few assets and debts have been accumulated. There is no defined time period for an annulment, but it is important to note that waiting too long to seek an annulment may weaken the claimed grounds for cancellation if it is challenged. In limited circumstances, New Jersey courts may grant an annulment within 30 days of a marriage ceremony even without cause.
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Annulment vs divorce
In the state of New Jersey, there are two ways to legally end a marriage: annulment and divorce. While both options can dissolve a marriage, there are some key differences between them.
Annulment
Annulment is a judgment by the court that a marriage never existed. It is obtained by filing a complaint for annulment, which is similar to filing for divorce. However, if a marriage is annulled, it means that it never happened, rather than if you are divorced, which indicates that the marriage took place but is now dissolved. To obtain an annulment, you must prove the grounds for annulment to the court. Annulments are generally used in very short-term marriages, and there is no waiting period. Once an annulment is granted, you can remarry immediately.
In New Jersey, an annulment is appropriate in six different situations:
- Incestual relationships where the spouses are related within the familial degrees prohibited by law.
- Either spouse was a minor at the time of marriage and has not affirmed the marriage after turning 18.
- Bigamous or polygamous relationships where either spouse was not free to marry due to being married to a different spouse, living with a partner in a civil union, or being in a domestic partnership.
- Either spouse lacked the mental capacity to marry due to issues such as a mental health condition, substance abuse, intoxication, duress, or fraud.
- One or both spouses were forced or tricked into the marriage.
- One spouse concealed a major issue, such as substance use, a criminal history, a child, or an illness from the other.
Divorce
Divorce, on the other hand, is a legal procedure that acknowledges a marriage existed and is now over. It is much more common than annulment and can occur for any number of reasons. All states in the US recognize "no-fault" divorces, meaning there doesn't need to be a specific incident or circumstance that caused the marriage to end. Instead, couples can cite "irreconcilable differences" as grounds for divorce.
The biggest difference between annulment and divorce is that a divorce ends a legally valid marriage, while an annulment declares a marriage to have been invalid. Divorce is generally easier to attain than an annulment, which requires a specific set of circumstances and evidence to be granted.
Children and Parental Rights
Annulments and divorces handle children and parental rights matters differently. In the case of a divorce, parents must typically agree on a custody arrangement ahead of time, or a judge will determine custody during divorce proceedings. In the case of an annulment, both parents can individually seek custody or work out an agreement for shared custody, much like they would if the child had been born to unmarried parents.
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Religious annulment
In New Jersey, a civil 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 as if it never happened. A religious annulment, on the other hand, can only be granted by a church or clergy and has no legal effect on your marital status.
Catholic Annulment
A Catholic annulment means that you and your spouse were never married in the sacramental sense. To start this process, you would begin with your parish and archdiocese. During the process, both spouses are given the opportunity to respond in detail and present their case for why they believe the marriage was valid or not. Some common reasons for annulment in the Catholic Church are:
- At least one partner did not fully and freely consent to the marriage
- One or both partners did not intend to be open to children
- Someone wasn’t mature enough to understand the full extent of marriage
- There was never any intent to be faithful
Other Religious Annulments
The Diocese of Paterson in Clifton, NJ, states that anyone, Catholic or non-Catholic, Christian or not, who has been married and civilly divorced may request a Catholic marriage tribunal to investigate their failed union. These requests are usually made by someone who wants to marry a Catholic or who is now married a second time (other than as a widower or widow) and wishes to formally join the Roman Catholic Church.
Timing of Annulments
Annulments are generally used in very short-term marriages. If there are no issues in dispute, an annulment can be granted in a matter of a few months. There is no defined time period for an annulment and no waiting period. Once an annulment is granted, you can remarry immediately.
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What happens after annulment
Annulment is a legal process that voids a marriage. It is harder to obtain an annulment than a divorce because you must prove at least one of the grounds listed by the state. These grounds include bigamy, family relationship, impotency, lack of capacity, fraud or coercion, and being a minor. If you are seeking an annulment on religious grounds, a civil annulment should not be confused with a religious annulment, which can only be granted by a church or clergy and has no legal effect on your marital status.
After a judge issues an annulment, your marriage is immediately considered void, as if it never happened. If you and your spouse had children together, they are still considered "legitimate" after an annulment. The judge can make decisions about child custody and child support and can also award alimony, if appropriate. However, the judge cannot enter orders about the equitable distribution of property. Instead, the method for distributing property in annulment proceedings depends on the title to the property. Things that are titled to you remain yours, and things titled to your spouse remain theirs. If you and your spouse hold joint title to any property, it is divided equally.
In most circumstances, annulments apply to very short marriages with few assets and debts. Since an annulment treats the marriage as though it never existed, no marital property division takes place. However, property division may still occur through general contract law. The courts have the power to award custody of children born of that relationship and decide on spousal support issues. If there are no issues in dispute, an annulment can be granted in a matter of a few months. There is no waiting period, and you can remarry immediately after your annulment is granted.
If you believe you have grounds for an annulment, you should speak to an experienced family law attorney immediately. An annulment can be uncontested or contested. It is uncontested when both spouses agree to the annulment without argument. In this case, the family law judge will simply enter an order of nullity without a hearing. If the annulment is contested, the court will hold a hearing where both spouses will present evidence and testify. If the court agrees to grant an annulment after a hearing, the parties will receive an "order of nullity," declaring the marriage void.
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Frequently asked questions
There is no defined time period for an annulment in New Jersey. However, if there are no disputes, an annulment can be granted in a matter of a few months. Annulments are generally used in very short-term marriages.
Annulments are harder to obtain than divorces because you must prove at least one of the grounds listed by the state. These include:
- Bigamy or polygamy
- Incest
- Underage marriage
- Mental incapacity
- Fraud or coercion
- Duress
- Physical incapacity to consummate the marriage
To obtain an annulment, you must file a "Complaint for Annulment" with the court, stating the grounds for annulment. If your spouse agrees, the judge will grant the annulment without a hearing. If your spouse disagrees, a hearing will be held, and you will have to present evidence to the judge.
