Helping Clients With Divorce
& Family Law for More Than 25 Years.
A Firm Focused on Divorce and Family Law.
& Family Law for More Than 25 Years.
A Firm Focused on Divorce and Family Law.
Annulment
Annulment of a Marriage in New Jersey
By Peter Van Aulen, Esq.
The Difference Between a Divorce and an Annulment in NJ
The main difference between a divorce and an annulment in NJ is that divorce ends a marriage, but an annulment nullifies a marriage as if it never occurred. Also, unlike a divorce, there is no residency requirement of having to live in the State of New Jersey for one year before being permitted to file. To file for annulment in New Jersey, a person just has to be a valid resident at the time of filing the complaint.
Alimony, Child Support, and Equitable Distribution
Under New Jersey Law in an annulment proceeding there is no equitable distribution of assets. Therefore, the Court will not divide property that was acquired during marriage under the equitable distribution statute. However, a party may be able to divide assets under contract law. However, the Court in New Jersey is able to award alimony and child support in an annulment proceeding.
Can My Spouse and I Agree to a Child Support Obligation Amount Below the Child Support Guidelines?
You can agree but you must obtain court approval. No matter what the agreement of the parties states, the court has final authority over child support. In the end, deviating from the New Jersey child support guidelines must be in the best interests of a child.
Grounds for Annulment in NJ
According to the annulment statute, a New Jersey Court will grant an annulment for the following reasons:
- When either party has another husband, wife, domestic partner, or partner in a civil union alive at the time of the subsequent marriage or civil union.
- When the parties are related within the degrees prohibited by law. However, if the marriage or civil union was not annulled during the lifetime of the parties, the validity of the marriage or civil union will not be questioned after the death of either party.
What Degree of Family Relationship Is Distant Enough to Permit a Lawful Marriage in New Jersey?
New Jersey law does prohibit marriage between family members related by certain degrees. This what is known as marriage restrictions based on consanguinity. In New Jersey, marriage between parent and child, grandparent and grandchild, aunts and uncles to nieces and nephews, and siblings is prohibited. On the other hand, in New Jersey you are permitted to marry a first cousin.
- When, at the time of the marriage either party was physically and incurably impotent. However, the statute requires that the spouse requesting the annulment was not aware of the impotency or incapability when the parties were married and has not afterward approved of the marriage.
- When either party lacked the capacity to marry or enter into a civil union due to a lack of understanding because of a mental condition or influence of drugs, intoxicants, or similar agents, and the parties have not later ratified said marriage or civil union.
How Is Lack of Mental Capacity Proven in a New Jersey Annulment Case?
New Jersey law requires that a lack of mental capacity sufficient to annul a marriage must be demonstrated with want legally or technically is called “clear and convincing evidence.” Clear and convincing evidence is defined as evidence presented that demonstrates a high probability of veracity or truth.
Different types of evidence can be utilized to support a contention that a party lacked mental capacity to get married that includes:
– Medical and psychological evidence
– Witness testimony
– Conduct of the party in question during the marriage ceremony
– Documentary evidence
- When there is a lack of mutual assent to the marital or civil union relationship, and the parties have not later ratified said marriage or civil union.
- When there is fraud or duress as to the essentials of marriage, and the parties have not later ratified said marriage or civil union.
What Are Examples of Fraud That Can Be Used to Annul a Marriage?
There are several types of fraud sufficient to have a New Jersey marriage annulled. These include:
– Concealing an inability to have children
– Hidden intent not to cohabitate
– Hidden intent not to consummate a marriage
– Concealing serious addiction
– Concealing criminal history
– Misrepresentation about religion
– Concealing an existing marriage
- When a party is under the age of eighteen (18) at the time of the marriage or civil union and has not ratified said marriage after reaching said age.
- When permitted under the general equity jurisdiction of the Superior Court.
Can Religious Beliefs Be Used as a Grounds for an Annulment in New Jersey?
No. Religious beliefs in and of themselves are not sufficient to support an annulment in New Jersey. In other words, you cannot seek and obtain an annulment rather than a divorce when the only reason for seeking that type of relief is that you belong to a religion the prohibits divorce. Nonetheless, if a person lied about their religious beliefs prior to a marriage, the spouse provided false information might be able to use that deception as a ground for an annulment. For example, the deceptive person persuaded the other individual that they shared religious beliefs in order to induce an agreement to wed when no such commonality existed. As mentioned previously, fraud and deception that induced a person to agree to a marriage can be grounds for an annulment in New Jersey.
The impotence grounds can transpire when one party is unable to consummate the marriage or refuses to do the same. The lack of capacity grounds can occur when one or both parties are so intoxicated and decide to get married on an impulse. The fraud grounds can exist if one party marries only for immigration purposes, and the other party is not aware of their true intent. Also, the fraud ground can occur when one party misrepresents his or her aspiration regarding having children or misrepresents his or her religious beliefs. It is important to note that a civil annulment is different from a religious annulment. If you are interested in having your marriage annulled through your religious body, you should seek the advice of your religious counselor. One of the biggest decisions when someone decides to end a marriage is whether to seek an annulment in New Jersey or a divorce. It is important to note that annulments are usually more difficult to receive than divorces, and therefore can be more expensive. You need to prove one of the above factors in order to get an annulment. However, to receive a divorce you only have to state that there are irreconcilable differences. If you have any questions about an annulment in New Jersey call Peter Van Aulen today for a initial consultation at 201-845-7400.