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Annulment vs. Divorce in New Jersey

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Mar 18, 2021

Annulment vs. Divorce in New Jersey

A Complete Guide To Annulment vs. Divorce in New Jersey

In this article, we are going to discuss an Annulment vs. Divorce in New Jersey. It is a complete guide with everything you need to know.

There are two different proceedings to end a marriage in the state of New Jersey legally. You have the option to have either a divorce or an annulment. Put simply, a divorce ends a marriage, whereas an annulment treats the marriage as if it never existed.

If you are unsure about which civil court procedure to pursue, continue reading to get information about annulment vs. divorce in New Jersey to gain further insight towards which is best for your situation.

Annulment vs. Divorce in New Jersey

Annulment vs. Divorce in New Jersey

While anyone can file and pursue a divorce in New Jersey, not everyone can receive an annulment.  To be granted an annulment, any of the following criteria have to be met:

  • If either party was under the age of 18 at the time of the marriage
  • If either party was incapacitated at the time of the marriage
  • If either party had another spouse that the other party didn’t know about at the time of the marriage
  • If either party was impotent and the other party did not know
  • Any marriage between blood relatives
  • If either party was influenced into marriage due to threats, violence, fraud, or lies.

If any of the above-listed criteria apply to you or your spouse, you can be granted an annulment in the state of New Jersey. A civil annulment will reverse the marital union and be treated as if it never entered into a marital union. In the case of custody, child support, alimony, and other issues that arise, a judge decides on these matters during the process of annulment.

If you or your spouse do not meet any of the listed criteria, you will most likely follow the New Jersey divorce laws. The grounds for divorce in New Jersey are expanded upon and easier to meet.

Filing for divorce in New Jersey can be done by one or both spouses. There is a significantly higher burden of proof required for an annulment based on what qualifies as criteria.

As far as expenses go, it really depends on each unique situation. A divorce is not any more or less expensive than an annulment. The increase in cost in a marriage dissolution primarily depends on varying objections and facts that can cause prolonged court proceedings.

Consult a Lawyer

Regardless of what civil procedure you follow up with, it is always advised that you consult a lawyer first. A New Jersey divorce lawyer or family attorney will help guide you in the right direction with accurate legal advice.

Annulment vs. Divorce in New Jersey is pretty much dependant on if you or your spouse meet any of the criteria for an annulment. Once that qualification is determined, that should help you figure out a more clear path.

Dalena and Bosch attorneys at law offer specialized help in family law and divorce. Their firm is comprised of four powerful attorneys with extensive experience and different specializations.

If you’re looking to take the next step towards ending your marriage, contact us for any questions, legal advice, or request to speak with one of our attorneys.

Our Family Law office is located in Madison, NJ within Morris County.

Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019