Considering an annulment in New Jersey? Freeman Law Center, LLC. is here to guide you through this process. We understand the confusion and uncertainty that comes with seeking an annulment, and we’re dedicated to providing you with the information and support you need. In this page, we’ll explore the grounds for obtaining an annulment, the implications for property and children, and the steps involved in separating from your spouse.
Similar to divorce, an annulment terminates a marriage. However, unlike divorce, an annulment legally invalidates the marriage as if it never existed. Individuals may choose annulment over divorce for various reasons — including social, financial, or religious considerations.
Grounds for Annulment in New Jersey
An annulment in New Jersey is only granted under specific circumstances. To be eligible, there must be evidence of fraud or material misrepresentation that goes to the core of the marriage relationship. Here are the grounds for annulment in New Jersey:
Bigamy: If one spouse is already married to another person at the time of the marriage, it constitutes bigamy. The innocent spouse must prove they were unaware of the existing marriage.
Duress: If serious threats of violence force someone into marriage, they may seek an annulment based on duress.
Under-age: Individuals under the age of 18 lack the legal capacity to consent to marriage and can seek an annulment at any time.
Incapacity: If one party lacked the mental capacity to understand the marriage contract, the marriage can be annulled. This may occur due to intoxication or other factors impairing judgment.
Impotence: If a spouse is unable to engage in sexual relations and this fact was concealed, the affected spouse may seek an annulment.
Incest: Marriages between blood relatives are grounds for annulment.
Fraud: Any misrepresentation affecting the marriage can be considered fraud. This includes lying about desire to have children, addiction issues, immigration status, religious beliefs, or pregnancy by another person.
Implications of Annulment
Unlike divorce, where marital assets are divided, annulment treats the marriage as if it never occurred. However, property division may still occur on the basis of whose name is on the title — in cases where both partners are on a title, the property is divided equally. Courts have the authority to award custody of children and may order alimony payments.
Explaining the Annulment Process
Understanding the annulment process is essential for anyone considering this legal action in New Jersey. Here’s what you need to know:
Filing a Petition: To begin the annulment process, you must file a petition with the court. This document outlines the grounds for annulment and provides details about the marriage.
Court Proceedings: After filing the petition, the court will schedule a hearing to review the case. Both parties may present evidence and testimony to support their arguments.
Judgment: Following the hearing, the court will issue a judgment either granting or denying the annulment. If granted, the marriage will be legally declared void from the outset.
Implications: Once the annulment is finalized, both parties are free to remarry. However, it’s important to understand that an annulment does not automatically address issues such as child custody, support, or property division. These matters may need to be resolved separately through negotiation or litigation.
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FAQs About Annulment
Here are some common questions people have about annulment:
How long does the annulment process take?
The duration of the annulment process can vary depending on the complexity of the case and the court’s schedule. In general, it may take several months to complete.
Can I annul my marriage if we have children together?
Yes, you can still seek an annulment even if you have children with your spouse.
Will an annulment affect my immigration status?
An annulment may have implications for immigration status, especially if the marriage was a basis for obtaining a visa or green card. It’s important to consult with an immigration attorney for personalized advice.
Can I annul my marriage if my spouse refuses to consent?
In New Jersey, one party can seek an annulment without the other party’s consent. However, the court will still need to review the evidence and make a decision based on the grounds presented.
Determining whether annulment is the right solution for your situation requires careful consideration. Our team at Freeman Law Center, LLC. is here to provide personalized guidance and support. Schedule an initial consultation to discuss your options and take the first step towards resolution.
Annulment in New Jersey is a complex legal process with specific eligibility criteria. Understanding your rights and options is crucial during this challenging time. Freeman Law Center, LLC. offers the experience and support needed to navigate the annulment process successfully. Contact us today to learn more and explore your legal options.