Reviewed by Paul H. Townsend, ESQ.
Key Takeaways
- An annulment declares that a marriage was never legally valid, unlike a divorce, which ends a valid marriage.
- New Jersey grants annulments only on specific grounds under N.J.S.A. 2A:34-1, such as bigamy, incest, impotence, lack of capacity, duress or fraud, or underage marriage.
- Because the marriage is treated as never existing, there is generally no marital property to divide, but a court can still award alimony and decide custody and child support.
- A religious annulment is separate from a legal one and has no effect on your marital status under New Jersey law.
Most people know that divorce ends a marriage, but it is not the only way. In limited circumstances, New Jersey allows an annulment, which treats the marriage as though it never legally existed. Because the grounds are narrow and the consequences differ from divorce, it helps to understand exactly how annulment works before pursuing one. Essentially, this is a court-ordered judgment that deems a marriage as never legally valid. In accordance with New Jersey law, N.J.S.A 2A:34-1, an annulment is only valid on specific grounds, including bigamy, duress, incest, fraud, underage marriage, lack of capacity, or impotence. It is also important to understand that religious annulments are different and have no legal impact on your marital status. The court is also still able to issue decisions on matters like child custody, child support, and alimony during an annulment. Our Morristown, NJ annulment attorneys can help.
What Is an Annulment in New Jersey?
When a court grants an annulment, the law treats the marriage as though it never happened, and both parties may legally state they were never married. Because an annulment declares the marriage invalid from the start, it requires concrete proof that one of the legal grounds existed. That makes annulments harder to obtain than divorces, and they are granted only in specific, limited situations.
What Are the Grounds for Annulment in New Jersey?
In accordance with N.J.S.A. 2A:34-1, an annulment may be filed on a number of grounds. As such, to obtain an annulment, you must prove one of these existed at the time of the marriage:
- Bigamy: One spouse was legally married to a living person at the time the second marriage occurred
- Incest: The parties are related to a point that is prohibited under the law
- Impotence: One spouse is physically and incurably impotent, and the other spouse did not know this at the time of the marriage
- Lack of capacity: One spouse lacked the mental capacity, whether due to a mental condition or substances, to understand the marriage
- Duress or fraud: One spouse was forced into the marriage, or was effectively deceived by something essential to the marriage
- Underage: One or both of the spouses were below the legal age of consent to get married, and did not later ratify their marriage.
What Is the Process of an Annulment?
The process begins when you or your spouse files a “Complaint for Annulment,” which provides basic information about the parties and states the grounds for the annulment. Because this is a legal action, your spouse must be formally served with the complaint. If your spouse does not contest the annulment, a judge may enter a judgment of nullity. If your spouse does contest it, you will need to appear before a judge and present evidence proving one of the statutory grounds.
One difference between an annulment and divorce is that there is no residence requirement to pursue an annulment. When seeking a divorce, at least one spouse must have been a bona fide New Jersey resident for at least one year prior to filing. For an annulment, a spouse only needs to be a bona fide resident of the state.
How Do Property, Support, and Custody Work in an Annulment?
This is where annulment differs most from divorce, and where some common information is inaccurate.
- Property: Because the annulled marriage is viewed as though it never happened, there is typically no marital property to divide in accordance with equitable distribution. Instead, the assets generally remain the separate property of the party who owned them prior to the marriage. As such, keeping documentation of owned assets is critical
- Alimony: It’s a common misconception that alimony is automatically unavailable when a marriage is annulled. Under N.J.S.A. 2A:34-23, the court can award alimony in an action for nullity, just as it retains the power to do so during a divorce when circumstances warrant it.
- Children: An annulment does not impact the legal status of children, who remain the legitimate children of the parents. The court can issue a decision on matters like custody, parenting time, and child support during an annulment, just as it would during a divorce.
Is a Religious Annulment Legally Binding in New Jersey?
No. Some people seek an annulment through a church or other religious institution, which can be deeply meaningful, but a religious annulment is purely religious and has no legal effect on your marital status. Only a court judgment of nullity legally ends a marriage in New Jersey. The two processes are entirely separate.
Contact Our Firm
If you have questions about whether an annulment is right for your situation, our experienced family law team can help. Contact Townsend, Tomaio, Newmark & Clancy L.L.C today.
