Annulment Attorneys in Bergen County, NJ
Determining Grounds for Annulment
Traditional divorce entails the termination of an existing, legal marriage. On the other hand, annulling a marriage is the process by which a marriage is declared invalid and for all intents and purposes, the marriage never existed. Annulments can be advantageous as they do not include the complexities of alimony, child custody, child support, or division of assets.
However, it can be difficult to be granted an annulment. All annulments must go through the New Jersey Family Court, which will determine whether or not the case qualifies for annulment or if the marriage must be terminated through a divorce.
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to effectively and fairly end their marriage through divorce and annulment.
Call our office to discuss your individual needs and concerns when it comes to seeking an annulment in New Jersey in a free and confidential consultation with our attorney team today.
Grounds for Annulment
Many religious institutions have grounds for annulment, but those grounds have no legal bearing on your ability to get an annulment. Instead, New Jersey state law has several specific circumstances which can lead to a marriage being annulled:
- Either individual being under the age of 18: Minors do not have the legal right to enter into a marriage, and the marriage may be terminated at any future date so long as the marriage was entered into while either party was a minor
- If either party was mentally or physically incapable of understanding that they were entering into a marriage, for example, if you were severely intoxicated at the time.
- Fraud or other misrepresentations that directly affect the marriage: An example might be a woman not informing her husband that she was pregnant by another man at the time of marriage. Less extreme examples may include intentionally misrepresenting a desire to have children or religious beliefs
- Bigamy: If either individual had a living spouse at the time of marriage, that renders the marriage illegal in the US as per the Morrill Anti-Bigamy Act dating back to the 19th century. If both parties knew about the second marriage, an annulment may not be granted as that is a federal crime
- If the married individuals are closely related, that is considered incest and is grounds for annulment
- The decision to marry was made under the duress of severe threats
- Impotence or other sexual issues: Annulments may be granted if either party withheld information regarding impotence, an inability to bear children, sterility, or if they are unable or unwilling to consummate the marriage
Divorce versus Annulment
If you are in one of the circumstances listed above, or if you feel you may have other sufficient cause to file for an annulment, annulments offer several potential advantages depending on your circumstances over a traditional divorce. This is especially true for those unknowingly involved in an illegal marriage which may involve incest, bigamy, or fraud.
One of the primary differences between an annulment and a divorce is the financial aspect. Divorces and civil union dissolutions grant both parties legal rights to divide community property, receive alimony, receive child support payments, and much more. Annulments effectively erase the marriage from legal existence and therefore leave no further recourse for either party after it has been successfully executed.
There are also social, religious, and personal reasons to choose to annul a marriage. As previously stated, religious and legal definitions of annulments are not related. However, many institutions will consider your legal annulment when deciding on your standing. Socially and personally, many of our clients prefer to annul fraudulent marriages to distance themselves as much as possible from a difficult time in their lives and eliminate the black mark from their record.
If you believe that seeking an annulment may be the correct option moving forward, or if you simply wish to learn more about the potential advantages and disadvantages an annulment can have in your unique situation, contact our experienced annulment attorneys today for a free consultation. In annulment cases, the burden of proof is on the plaintiff to show just cause for invalidation of a marriage. Allow us to work with you on an individual basis and understand how we can best serve your needs.
Contact Our Hackensack Annulment Lawyers Today
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to successfully annul their fraudulent, illegal, or misrepresented marriages.
By practicing exclusively on family and divorce law, our firm can focus on providing each of our clients with the experienced, effective, and attentive counsel that they need and deserve in such crucial legal matters. Our firm believes in a collaborative and personalized approach to each case we take, and we will work with you and your loved ones to help achieve the desired result. We keep our clients involved and informed throughout the annulment process so that we may better serve your unique needs.
To speak with our firm today in a free and confidential consultation regarding your annulment and how exactly we can help you to do so, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.