Annulling a marriage is the process when a marriage is declared invalid and for all intents and purposes never existed. This can offer advantages such as the exclusion of alimony, child support, child custody, or division of assets. However, there are only several circumstances that can lead to a marriage being annulled. To learn more about this process, continue reading and reach out to our experienced divorce attorney. To schedule your initial consultation with our firm, give us a call today. We would be happy to answer any further questions you may have regarding annulment.
What can lead to annulment in New Jersey?
New Jersey has several circumstances put into place under the state law that can lead to a marriage being annulled:
- The decision to marry was made under the duress of severe threats
- If either party was mentally or physically incapable of understanding that they were entering into a marriage
- Example: severe intoxication
- If the married individuals are closely related, that is considered incest and is grounds for annulment
- Fraud or other misrepresentations that directly affect the marriage
- Example: a woman not informing her husband that she was pregnant by another man at the time of marriage
- Example: 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. That is a federal crime
- 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
- 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 you have any additional questions regarding annulment in New Jersey, give our experienced divorce and family law attorney a call. We would be happy to assist you.
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.