What Is the Difference Between Annulment and Divorce in NJ?
Divorce is the dissolution and ending of a valid marriage. Annulment, on the other hand, voids the marriage completely, which means in the eyes of the law, it never existed. While any couple can obtain a divorce in New Jersey, there are strict parameters and criteria that apply to annulments. The distinctions between an annulment and a divorce are significant. This makes it in your best interest to discuss your concerns with an experienced Marlton divorce attorney at Weinberg, Kaplan, & Smith, P.A., early on.
Divorce
The majority of Complaints for Divorce in New Jersey are filed under the “no-fault” statute, which means they are based on irreconcilable differences. To end a legally binding marriage in New Jersey, all issues arising out of the marriage must be resolved, either by way of a settlement reached between the spouses, or a Judge’s determination after a Trial. The issues to be addressed include the following:
- The equitable distribution of marital assets and debts;
- Child custody arrangements;
- Child support; and
- Spousal support.
Once these overarching issues are resolved and a cause of action has been established, the Court will find that the divorce has been finalized. At that time, a Final Judgment of Divorce is entered by the Judge, and the couple is officially no longer married.
Annulment
Annulment is a very different type of relief when compared to divorce. For a marriage to be annulled, it must either be void to begin with or must be voidable based on legal grounds. There are highly specific circumstances that support the annulment of a marriage, including:
- One spouse either lied about or concealed relevant facts that qualify as fraud or misrepresentation. Examples include marrying solely for immigration status or failing to reveal a serious criminal record.
- If either spouse was intoxicated to the degree that they could not consent to the marriage, it may represent a legal lack of capacity. Serious mental illness can also suffice.
- Bigamy may also support annulment. If one spouse is already married or is in a civil union, they would not have the legal capacity to marry someone else.
- When the spouses are more closely related than first cousins, the marriage is void as a matter of incest.
- When one spouse is forced, threatened, or coerced into marriage, duress applies, and the marriage can be annulled.
- When either spouse is under the age of 18, they are too young to marry in the State of New Jersey, and the marriage can be annulled. New Jersey is one of the few states that does not make allowances for parental permission.
- If one of the spouses is incurably impotent and the other was not aware of this at the time of the marriage, it can support an annulment.
It’s important to note that failing to annul a voidable marriage soon after discovering applicable grounds can lead to ratification. In essence, this means that you are seen as having accepted the condition, and the court may not annul your marriage as a result.
In addition to the distinct grounds required, an annulment also affords different – and typically more limited – rights with respect to what a spouse may be entitled to when ending a marriage. For example, instead of equitably dividing assets and debts, assets may be split strictly based on title (i.e. who owns the asset). Similarly, as the marriage is viewed as null and void with an annulment, a spouse may not be awarded alimony. That said, issues involving children and their support will proceed, as they are based on the best interests of the child, not the legality of the underlying marriage.
You Need an Experienced Marlton Divorce Lawyer on Your Side
The dedicated Marlton, NJ, divorce attorneys at Weinberg, Kaplan, & Smith, P. A., appreciate the clean break that annulment offers, and we have the experience, legal skill, and drive to skillfully advocate for your case’s best possible resolution. Learn more by contacting us online or calling us at 856-795-9400 today.