Under New Jersey law, if your marriage is annulled, it is as if it never happened. Even in 2018, there are still some people who believe that divorce carries a stigma, so opt to pursue an annulment instead. A civil annulment is not the same as a religious annulment, which can only be granted by a church and has no legal effect on your marriage in New Jersey.
New Jersey allows for an annulment only under certain conditions:
- If you or your spouse married when you were under the age of 18, and have not had sexual relations since you turned 18
- If you or your spouse were unable to consent to the marriage because of a mental condition or intoxication
- If you or your spouse were induced to marry because of fraud or lies
- If you or your spouse were induced to marry because of a threat
- If you or your spouse are too closely related to be married, making the marriage illegal
- If you or your spouse were already married to someone else (bigamy)
- If you or your spouse had incurable impotence at the time you married
To obtain an annulment in New Jersey, either you or your spouse must be a resident at the time you file your Complaint for Annulment. If you both agree to an annulment, a judge will issue a Judgment of Nullity without a hearing. If you do not agree, the judge will hold a hearing and make a determination based on your testimony and other evidence.
Once your marriage is annulled, it is as if you were never married. If there are children from the marriage, they are still considered “legitimate” under the law and can be eligible for child support. A spouse from an annulment may also be eligible for alimony if it is appropriate. When it comes to the division of property, each spouse will leave the marriage with what they came into it with, depending on the title on the property. If you and your spouse held joint title to any property, it is divided equally.
Protecting your interests and achieving results that support your needs is what you can expect from Murphy & Cistaro. Contact us today for your free consultation.