How To Get An Annulment In Nj

The Legal Process of Annulment in New Jersey

Qualifying for Annulment in New Jersey

Ending a matrimony is never easy, no matter how long or short the union. Although New Bailiwick of jersey courts rarely grant an annulment, if your marriage was short and meets specific grounds, yous might observe that an annulment is ameliorate for y'all than a divorce.

When the courts grant an annulment, your marriage becomes void. In the eyes of the police, your marriage never existed. The courtroom requirements are precise almost who qualifies for an annulment, and an annulment is not correct for anybody. Contact your divorce attorney today to meet if you lot might qualify for an annulment.

Divorce vs Disparateness

When ii people divorce, the process can be long and fatigued out. Y'all will have to call up about dividing assets, child custody, spousal support and a plethora of other details. The discovery procedure is long, and one time information technology is over, yous are divorced in the eyes of the police.

An annulment has stricter guidelines as to who may qualify. The wedlock is commonly brusk, and in that location is no partition of assets. Unremarkably, the union does non last long enough to produce children. When an annulment is granted, your marriage is void, and you are single in the eyes of the law.

Divorce is much more common than annulment. If you demand some of the union benefits, such as division of assets or shared finances, then an annulment might non be right for you. Your divorce attorney tin can best guide you depending on your situation as no two cases are alike.

Grounds for Annulment

Information technology is very rare for the New Bailiwick of jersey Courts to grant an annulment. Just a limited set of circumstances qualify as grounds for an annulment. If yous do qualify, you will accept to submit your burden of proof to the courts. The following circumstances qualify as grounds for an annulment:

Age
Incapacitation
Polygamy
Fraud
Duress
Incest
Withholding data

Here is more information about each of these circumstances.

Historic period

The age of consent nationwide is 18 years old. Information technology is illegal for a person under the historic period of 18 to get married. If i or both parties is under the age of 18, then, legally, they are not erstwhile enough to consent to the union, and thus, their spousal relationship cannot be recognized as legally binding.

When the underage party reaches 18, they can ostend their consent to the marriage. However, this will take the option of annulment abroad. If the wedlock were to dissolve in the future, that person would have to go a divorce.

Incapacitation

Incapacitation is a condition where one of the parties was too intoxicated on drugs or alcohol to understand what they were doing. They may not recall getting married at all. Intoxication at that level is valid grounds for disparateness.

Polygamy

It is illegal to be married to more one person at a fourth dimension. If one of the parties is already married and failed to divulge their marital condition to the other party before the marriage, this is grounds for annulment. The party who was already married volition also be brought up on criminal charges.

Fraud

Fraud in a matrimony tin can be proved if a person misrepresents themselves or their circumstances and if that misrepresentation affects the matrimony. Fraud is the most common grounds for filing for an annulment. Some examples of fraud include:

Lies about addiction to alcohol, sexual activity, or drugs.
Lies about wanting to have children.
Lies virtually religious behavior when it is used equally the basis for the marriage.
Lies near the paternity of a child beingness carried at the time of the marriage.
Withholding information. This information could be a wide variety of things. It could exist anything from data that the person is infertile, has a criminal tape, does not have a chore they merits to accept, or anything that could substantially touch on a matrimony.
Lies nigh immigration status. The most common of these is that 1 party must marry a citizen to stay in the land.
Lies about financial status.

Married Under Duress

Married under duress means that one party marries the other because they or a loved 1 has been threatened with physical damage if the marriage is not carried out. These threats, at times, are accompanied by violence. The party who threatens the other one can exist held on criminal charges from their actions.

Incest

It is against the police to ally a blood relative. These grounds stand up even if you practice non realize that yous are related at the fourth dimension of the marriage only find out later. This law is in consequence considering in that location are too many genetic issues that would directly touch on any children the couple might take.

Withholding Information Virtually Impotence

If one party cannot accept children, they are legally required to share their condition of impotence with the other party before marrying them. When 2 people get married, there is a full general expectation that they will have a family. If one of those people has the knowledge that they are impotent prior to the marriage, then this is grounds for disparateness.

If the data about one party beingness impotent is unknown by both parties until after the matrimony has taken place, there is a chance that the courts will recommend a divorce alternative. If you lot accept questions about this situation, your divorce attorney can requite you guidance as to what your options may exist.

Other Relevant Annulment Facts

Annulments usually are granted after a very short time. The couple commonly does non have enough time together to accumulate assets between them. When a wedlock takes place under false pretenses, such as those described above, that wedlock is considered to be void or voidable because of those circumstances. Dissolutions granted with an disparateness are non eligible for a division of assets or other rights granted during a traditional divorce. Annulments are terminal, and they brand the marriage nothing and void.

Is an Annulment Right for You?

If you lot find yourself in a spousal relationship that took identify before y'all were 18 years old and therefore were not sometime enough to consent to the wedding, your matrimony can be easily voided with a simple nascency document. The burden of proof for many of the other grounds might be more than difficult. Information technology is an accented requirement that you prove your grounds for annulment with irrefutable evidence.

If you believe that yous qualify for an disparateness, you need to consult your Hackensack, NJ, divorce attorney for guidance. They can aid you file the petition for disparateness with the courts. If an disparateness is not correct for y'all, they can guide yous through the divorce process. You can set for your appointment with your chaser past gathering as much information as possible to support the grounds you lot believe apply to your circumstances. Give us a phone call today at 201-343-0078 to talk over your options.