What Is an Annulment? | What You Should Know
To learn more about the process of an annulment in New Jersey, read on and reach out to our skilled Morristown NJ annulment attorneys.
What is an annulment in New Jersey?
When an annulment is awarded to a couple, basically the law is stating that the marriage never took place. Both former spouses may legally state that they have never been married. Note that annulments need concrete evidence that the marriage was not valid in order to be shown in court. As a result, annulments are more challenging to execute than divorces, and will only be given in precise circumstances. With the help of an experienced annulment and divorce attorney, you will be able to show that one of the following factors was valid during your marriage:
- spouse was already married at the time when your marriage (the second marriage) took place
- the relationship was incestuous outside of the degree of relation allowed by law
- impotence, infertility, or other sexual issues which were hidden intentionally from a spouse before marriage and/or were not rectified during a marriage
- either party was not mentally competent to legally enter into a marriage due to disabilities, intoxication coercion, and more
- one or both spouses was underage at the time of the marriage
- reasons under the general equity jurisdiction of the New Jersey Superior Courts
If you have questions or concerns regarding annulments in New Jersey, reach out to our firm for help.
What is the process of an annulment?
The annulment process starts when you (or your spouse) fill out and files a “Complaint for Annulment.” In the complaint, you will supply basic information about you and your spouse, and the grounds for annulment. Since this is a legal action, your spouse must be officially “served” with the complaint.
The judge will simply enter a decree of annulment, without a hearing, if your spouse agrees with the objection. However, you and your spouse will have to attest before a judge if he or she does not agree to the annulment. In this case, you will be responsible for presenting evidence establishing one of the grounds for annulment.
While annulment is significantly different than divorce, there may be some resemblances. For example, the judge may make decisions about child custody and support, and in some rare instances may award spousal support.
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