If you are looking to end your marriage, you may be wondering about the difference between an annulment and a divorce. Read on to learn more about annulments in New Jersey.
Annulment vs Divorce:
Annulment differs from divorce in that it legally erases the marriage as if it never happened. Divorce ends a legal marriage, whereas an annulment ends a marriage that was not technically valid in the first place. That being said, there are some similarities. For example, when it comes to an annulment, the couple may still have to settle matters of child custody, child support, division of assets, and more.
Grounds for annulment:
As previously stated, an annulment ends a marriage that was not valid. In New Jersey, grounds for annulment include:
- Your previous marriage was undissolved
- The relationship is incestuous
- Impotency
- Lack of consent due to:
- alcohol
- understanding capacity
- drugs
- duress
- fraud
- underage
- force
These grounds are very different than the grounds required for a divorce. In New Jersey, grounds for divorce include:
- Adultery
- Abandonment
- Desertion
- Institutionalization
- Incarceration
- Extreme cruelty
Additionally, not all divorce cases occur as a result of fault. In many cases, spouses believe they simply can no longer make the relationship work and it cannot be fixed. In these situations, no-fault grounds need to be cited. This may be in the event of:
- Irreconcilable differences for at least six months
- Separation for at least 18 months
What does the process entail?
To begin the process, you or your spouse will file a “Complaint for Annulment.” If your spouse agrees to the annulment, the judge will enter a decree of annulment. However, if your spouse does not agree, you will have to provide proof of grounds for annulment. To provide this proof, it is important to work with an experienced family law attorney.
If you wish to have your marriage annulled, our firm is here to help. Reach out today to speak with an experienced and dedicated family law attorney. Our firm is here to walk you through the process every step of the way.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.
