Teaneck Annulment Lawyer
When someone is considering ending their marriage, you often hear them talk about a divorce. Although not as common, in some situations, an annulment may be the best option. An annulment is an alternative to a divorce, but specific things must have occurred during the marriage in order to qualify for annulment. There are pros and cons to filing for an annulment instead of a divorce. Talking with a knowledgeable Teaneck annulment lawyer can help you determine if this option may be right for your situation. A divorce attorney can help you understand this process.
Definition of Annulment
Getting an annulment means that your marriage is null and void. An annulled marriage, in the eyes of the law, is a marriage that simply never happened. If an annulment is granted, the marriage is removed from all legal records, and it is as if the marriage never occurred.
Although no specific time period is required, annulments are typically requested for a short-term marriage. The length of time to complete an annulment varies. If your spouse contests the annulment, the process will take longer than if they simply agree that the marriage should be annulled. If there are no issues in dispute, an annulment can be completed within a few months.
Reasons for Annulment
Requesting the Court to grant you an annulment is more complicated than asking for a divorce. With a divorce, if you petition the Court under irreconcilable differences, for example, you do not have to prove fault by either party. However, to be granted an annulment, you must provide proof of one of the following:
- Either spouse was already married at the second time of the marriage
- The parties are related to each other and are closer than a first cousin
- Either party was physically and incurably impotent at the time of the marriage, and the other party was unaware of the condition at the time of the marriage
- Either party lacked the ability to get married due to a mental condition or being under the influence of intoxicants or drugs
- Either party was unable to consent due to duress or fraud
- The annulment is requested by a spouse who was under the age of 18 at the time of the marriage
The person requesting the annulment must provide proof to the Court that they meet one of the identified reasons for an annulment. Discussing these situations in detail with your Teaneck attorney can ensure that you make the right decision about choosing an annulment or a divorce.
Uncontested vs. Contested Annulment
An annulment can either be uncontested or contested. An uncontested annulment is when both parties agree that the annulment is needed. An uncontested annulment may occur when a couple learns they are related to each other after they have already married.
A contested annulment is when the parties do not agree that an annulment should be granted. If an annulment is contested, the Court will need to conduct a hearing to determine if an annulment is appropriate. The spouses will have to present evidence to the Court regarding their agreement or disagreement with the request for an annulment. If the Court grants the annulment, the Court will issue an Order of Nullity. A Teaneck lawyer can help you present your case and explain to the Court why you should be entitled to an annulment from your spouse.
Property Division, Alimony, and Custody After an Annulment
Because an annulment voids the divorce, there is no property division completed through the annulment process. However, if a property division is necessary due to shared assets or debts, it may be completed through contract law. The Court may award alimony payments in an annulment.
If a child was born during the marriage, the Court has the ability to address custody issues through the annulment process. Just like in a divorce, the Court would examine the best interests of the child when making a custody determination. The Court may also make a child support calculation using the child support guidelines. A lawyer in Teaneck can help a person prepare agreements for these elements after an annulment.
Contact a Teaneck Annulment Attorney to Learn More
Determining if you should file for an annulment or a divorce is a complicated question that should be discussed with an attorney. You need to consider many things when making the complex decision to file for an annulment. Moskowitz Law Group can assist you in weighing your options and determining the best solution for your specific situation. Call now to discuss your options with a Teaneck annulment lawyer.
