Many people are familiar with divorce, and many of the concepts related to it including child custody, child support, alimony, and division of assets. But one thing our Morris County family law clients frequently ask us about is annulment, what is it and how does it differ from a divorce?
How Does Annulment Differ from Divorce?
When a couple divorces, their legally recognized marriage is ended in the eyes of the law. There are many different grounds for filing for divorce, including no-fault divorces, and all lead to the termination of the marriage.
An annulment on the other hand, is a legal decree which states that the marriage in question was never valid to begin with, and renders the marriage null and void. There are a variety of reasons why a marriage may be annulled, and include bigamous marriages (one spouse was married to more than one person), a marriage involving one or both parties being underage at the time of the marriage, a marriage resulting from mental or physical incapacity including mental illness and intoxication, fraud, or coercion, incestuous marriages, and marriages entered into as a jest.
If you are considering a divorce, and any of the above statements may be true in your case, you may be able to pursue an annulment in New Jersey rather than a more traditional divorce. Speak with your Morris County divorce attorney to discuss your options.
Property Distribution in Annulment Attorneys Randolph, NJ
When pursuing a New Jersey annulment, child custody, child support, and alimony are settled in much the same way as they are in any divorce. As is the case with divorce, it is extremely important that you retain the services of an experienced Morristown divorce attorney to protect your interests during this process.
Property division on the other hand is handled much differently in an annulment than it is during a divorce. In a divorce, property is divided according to New Jersey equitable distribution laws, which state that marital property must be distributed in a fair manner. In an annulment however, all property is divided based on title, meaning if certain properties are owned jointly, they are divided jointly, but if the titled owner is a single individual, they retain sole possession of that item.
Here especially, your Chatham annulment attorney can help you to gather and demonstrate to the court the necessary documents proving which of your assets are owned solely by you, and which assets are jointly owned by the marriage, and as such are to be distributed equitably.
Contact our Morris County Annulment Attorneys Today
At the Morristown law office of Townsend, Tomaio & Newmark, we have helped many clients in towns like Randolph, Mt. Olive, and Parsippany to successfully annul their marriage, while ensuring they receive the property settlement agreements they deserve. Practicing exclusively family law, our firm is uniquely positioned to help you with any divorce, family law, or annulment issue.
If you are considering an annulment, or are in the process of annulling your marriage, do not risk your future by proceeding without legal representation. Our attorneys ready to listen to your unique concerns, issues, and goals, and develop a strategy with you to annul your marriage in an efficient and intelligent manner.