New Jersey Annulment Lawyer
Though divorce is the most common way to dissolve a marriage, with an annulment, it is possible to treat the marriage as if it never occurred. This process could have a variety of important benefits depending on your situation but obtaining an annulment can be challenging compared to a divorce, especially without the help of legal counsel. Fortunately, a New Jersey annulment lawyer can examine your situation and determine if you are eligible to reverse your marriage entirely.
The Benefits of Annulment
Once the court agrees to issue a judgment of annulment, also known as a judgment of nullity, it is treated as legally void. In other words, the marriage never existed. There are benefits to this procedure that go beyond the scope of a traditional divorce.
Some benefits are entirely social in nature. For example, an annulment might not carry the same stigma as a divorce in some circles, and it may also provide the ex-spouses greater peace of mind.
There are also potential religion-based benefits. Some religions do not allow divorce or otherwise frown upon the process, which may make it difficult to remarry later on. The consequences of an annulment might not be so severe.
There are also potential financial benefits. Following an annulment, the court may not distribute property as if it were marital property. Likewise, alimony can be lower compared to what is awarded during divorce proceedings.
Consequences of Annulment
An annulment might bring a marriage to an end, but it does not guarantee a clean break. While the court may not order the division of marital property following an annulment, a judge does have the power to award alimony. The court can also make decisions related to the visitation and custody of minor children that the spouses would have to abide by.
It should be noted that even after an annulment, any children of the former marriage are still considered “legitimate,” similar to a divorce. An annulment lawyer in New Jersey can provide insight into other secondary issues that may arise during the annulment process.
Grounds for Annulment in New Jersey
A spouse cannot simply decide they want an annulment and ask the court to reverse their marriage. Annulments are only available under very specific grounds that prove that the marriage should no longer be recognized by law. An annulment lawyer in New Jersey can explain the common grounds for annulment, some of which include:
Nonage
One of the most common grounds for a New Jersey annulment is nonage. A person under the age of 18 is legally barred from marrying another person. Any person under the legal age who marries can have the marriage annulled at any point in the future.
Incapacity
In many ways, a marriage is a contract. Like any contract, both people involved in it must have had the mental capacity to understand their decision. A marriage entered into by someone that is legally incapacitated can be annulled.
Fraud
Another potential ground for annulment is fraud. The misrepresentation necessary to annul a marriage must involve serious issues, including lies about drug abuse, the desire to have children, or religious beliefs. An annulment based on fraud can also be awarded if someone can prove their spouse only married them for immigration reasons.
General Equity Jurisdiction of the Court
While by no means a ground serving as a “catch all,” the court can also issue a judgment of annulment in limited circumstances where it would be unfair to treat the parties as a married couple.
Get in Touch with a New Jersey Annulment Attorney Right Away
While annulments are most common in very short marriages, you should never assume your marriage will not qualify. If you believe you have the grounds for an annulment, experienced legal counsel can advise you on your rights. Let a New Jersey annulment lawyer explain the potential grounds and walk you through the steps of this complicated process. To get started, call our office immediately for your confidential consultation.
