The fundamental difference between divorce and annulment in New Jersey is that divorce terminates an existing marriage while an annulment is a legal decree that states the marriage never happened. Generally, New Jersey courts may, in limited circumstances, grant an annulment within 30 days of a marriage ceremony, even without cause. If you are granted an annulment, you are free to marry again immediately. Although most couples choose divorce, an annulment is a better option for one or both spouses depending on certain circumstances. The consequences of an annulment are significantly less than a divorce. If you believe you made a mistake or rushed your decision to get married, please read on, then contact one of our experienced annulment attorneys in Bergen County, NJ to learn what the difference is between an annulment and a divorce in New Jersey.
Is an annulment easier than a divorce in New Jersey?
In many ways, yes, annulments are easier than divorces. That is because annulments do not include the complexities of alimony, child custody, child support or the division of assets. However, the courts do not hand out annulments willy nilly. Those seeking annulments will have to provide documentation to justify why a marriage never happened.
How can you obtain an annulment?
Besides incest and intentional bigamy, one or both spouses will have to prove one or more of the following conditions:
- You or your spouse was under the age of 18 at the time of the marriage and/or have since turned 18
- You and your spouse have not had sexual relations
- Due to a mental condition or intoxication, you or your spouse was unable to comprehend that you were marrying
- Age
- Fraud
- Coercion
- Unsound mind
- Physical incapacity
Given the potential stakes, you should reach out to one of our skilled Bergen County divorce attorneys to discuss your next steps.
How can a New Jersey divorce attorney help you obtain an annulment?
Aside from defending your rights and standing in court, a seasoned legal professional from our firm will help you obtain and present the necessary evidence to the court. With the utmost tact and compassion, we will help you navigate this convoluted and emotionally fraught process. Our firm will help bring this matter to a quick and equitable resolution, so please give us a call today.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.
