Legally speaking, not all marriages that end do so in
divorce. There are other options that act to dissolve a marriage, such as an annulment.
The result of an annulment is the same for that of a divorce: the marriage
is over. The difference comes in the status of the relationship. With
a divorce, the parties are considered to have been married at some point
in time, while an annulment has the legal effect of reversing the marriage,
making it as if it never happened. The parties are not considered to have
ever been man and wife, but the "marriage" is over just the same.
Reasons to Seek an Annulment
A couple might make the decision to get an annulment rather than file for
divorce for a variety of reasons. The most common ground stated for seeking
an annulment is due to religious beliefs. For some, the thought of having
a "failed" marriage makes annulment preferable. The
New Jersey law that governs the rules on annulments requires that a Complaint of Annulment
be filed in order to initiate the process. From there the matter proceeds
in a similar fashion as a divorce, in that you must serve the Complaint
on your spouse. If the parties are both in agreement to the action, the
Judge will issue an Order of Annulment, declaring the marriage never took place.
Seeking Legal Guidance Through the Annulment Process
Along with ending the relationship, an annulment can decide other important
issues such as
child custody and
child support. Therefore, it is crucial that you take the matter seriously and obtain
solid legal guidance throughout the procedure. To be eligible for an annulment,
you will have to present evidence of being forced to marry against your
will (duress), some fraud was made against you regarding the marriage
(such as an untruth about an ability to have children), or any one of
several other elements.
Developing this evidence can be a complex process, but with the assistance
of a competent family law attorney it can be done. We work with you to
reach results that are satisfactory, and work for the facts of your case.
For more information on annulments and to see if you meet the requirements, please
contact us today. Our Bergen County annulment attorneys are ready to offer you the
skilled help you need.