A civil annulment is the name for the legal procedure that renders a marriage null and void, as if it had never existed. There are several different circumstances when an annulment can be pursued instead of divorce, which we will discuss in the sections below. The New Jersey annulment attorneys at Townsend, Tomaio & Newmark, L.L.C., are here to provide experienced and empathetic legal counsel and representation to those who believe they have been the victims of marriage fraud. We handle cases involving forced marriages, polygamy, deception and much more.
Common Grounds for Civil Annulment in New Jersey
While common divorce issues such as child custody, child support, and spousal support are handled much the same way in annulments as they are in divorce, asset distribution and property division is somewhat different in a New Jersey annulment.
In a divorce, marital property, assets, and debts are divided according to New Jersey’s equitable distribution laws, meaning that all marital property must be divided “fairly”, or equitably. In an annulment however, property is divided based on title, meaning the titled owner of any asset retains full possession of that asset, regardless of any marital contributions made by the other party to the maintenance of that asset. So, if the marital home is the property of one individual party, it most likely will be awarded to that individual when the annulment is decided. On the other hand, any assets that are owned jointly will be subject to equitable distribution.
Suffice it to say, just like in a divorce, it is critical that you retain the counsel of an experienced Morris County annulment attorney to protect your rights and financial future during the annulment process. Your annulment attorney can help you to gather and demonstrate to the court all of the documents proving separate and joint ownership of your assets, in addition to helping you secure favorable settlements when it comes to the custody of your children, support for your children, and spousal support moving forward.
Religious Annulments and Church Annulments in New Jersey
If your marriage is annulled by your church or religious institution, it will not affect your marital status with the state. Likewise, a civil annulment that changes your legal status in New Jersey will not necessarily affect your religious status. They are independent of each other.
Contact our Morris County NJ Annulment Attorneys Today
At The Law Office of Townsend, Tomaio & Newmark, our experienced family law attorneys have helped many clients across Morris County to successfully and favorably resolve their New Jersey civil annulments.
If you have any questions regarding your potential civil annulment, the processes involved, and how to best protect your financial and parental future during your annulment, do not hesitate to schedule a free and confidential consultation with our firm today.
