Annulment and divorce are two distinct legal processes with unique implications and outcomes. Despite their common goal of ending a marriage, they operate on fundamentally different grounds and carry varying legal consequences.
In this blog post, we aim to shed light on the key differences between annulment and divorce, particularly within the context of New Jersey family law. Whether you’re contemplating ending your marriage or simply seeking clarity on the options available to you, understanding these distinctions is essential for making informed decisions — and navigating the legal landscape with confidence.
What is an Annulment?
An annulment — also known as a nullity of marriage — is a legal procedure that declares a marriage null and void. Unlike divorce, which ends a valid marriage, an annulment essentially erases the marriage from existence, treating it as though it never occurred. However, it’s important to note that not all marriages are eligible for annulment, and specific grounds must be met to qualify for this legal remedy.
I was very fortunate to find Tanya online during an urgent family matter. I was able to speak with her on our situation and she immediately jumped on the case the same day. I was impressed at her knowledge and her team as they were able to answer questions on the spot and navigate through an unpleasant situation. Her honesty and responsiveness have made this process much easier, and the support she has provided has truly gone above my expectation of a family law firm. This is truly an exceptional firm & I would highly recommend.” - Lydia Martinez My father recently hired Tanya Freeman; Family Law Attorney and her team as a replacement to handle his divorce which has been going nowhere for over 3 years with a different attorney. Tanya and her team have done so much within just a few months for his trial and has given my father a new sense of hope. The team is always quick to respond to any questions. The case is still ongoing, however, my father has newly restored confidence that he will be treated fairly and with his best interest in mind. We definitely recommend Tanya Freeman; Family Law Attorney." - Molly Howard Tanya is an outstanding attorney! Her attentiveness to detail and willingness to be honest with her clients means you’re going to get the best possible outcome for your case. She and her team went above and beyond, making sure my divorce and custody case ended neatly and in the best interest of my children. Her pricing is reasonable and she’s willing to work with you. I highly recommend Tanya Freeman to anyone going through a divorce or family law case!" - Jenifer Mckinney
Grounds for Annulment in New Jersey
In New Jersey, annulment is granted under limited circumstances as outlined in the state’s statutes. These include situations where one party entered the marriage due to the other’s fraud or misrepresentation, such as false claims about identity, intentions, or significant life aspects. Marriages forced through physical threats, psychological pressure, or other duress can also be annulled. Annulment is applicable in cases of bigamy, where a party was already married to someone else at the marriage time. Incestuous marriages, involving close blood relatives like siblings or parent-child, are prohibited and subject to annulment. Mental incapacity to consent to the marriage, due to mental illness, intoxication, or other reasons, can lead to a marriage being voidable. Lastly, marriages involving underage individuals without the required parental or judicial consent can be annulled.
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience. Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey. Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Tanya L. Freeman, Attorney at Law
Managing Partner of the Family Law Practice at Callagy Law
The Annulment Process in New Jersey
In New Jersey, the annulment process starts with consulting a knowledgeable family law attorney who assesses the case and determines eligibility based on the grounds for annulment. The next step involves the petitioner filing a “Complaint for Annulment” with the court, which outlines the annulment grounds and supporting evidence. The petitioner must then serve the respondent with the petition and summons, initiating the legal process. Both parties engage in the discovery process, exchanging relevant information and evidence. Sometimes, negotiation or mediation occurs to resolve issues and avoid court. If unresolved, the case goes to a court hearing where both parties present their arguments and evidence. A judge then decides on the annulment, and if granted, issues a final judgment that declares the marriage null and void, returning both parties to their pre-marital status.
Annulment vs Divorce: What Are the Legal Implications?
An annulment not only terminates the marital relationship but also has implications for property division, spousal support, and other legal matters. Unlike divorce, which involves the equitable distribution of marital assets and potential alimony awards, annulment generally restores each party to their pre-marital status, as if the marriage never occurred. However, specific outcomes may vary depending on the circumstances of the case and the court’s discretion.
Property Division in Annulment Cases
One of the key differences between annulment and divorce in New Jersey is the approach to property division. In a divorce, marital assets and debts are subject to equitable distribution, meaning they are divided fairly but not necessarily equally between the spouses. However, in the case of annulment, the general principle is to treat the marriage as if it never existed. As a result, the concept of marital property is typically not applicable in annulment proceedings.
Properties that were titled to each partner go with the partner who was on the title. But property titled to both can be split.
In New Jersey, courts may still address issues related to property division in annulment cases, but the approach may vary depending on the specific circumstances. For example, if one party contributed to the acquisition of property or assets during the purported marriage, the court may consider principles of equity and fairness in determining how to allocate those assets upon annulment.
Alimony in Annulment Cases
Another important consideration in annulment cases is the issue of alimony, also known as spousal support or maintenance. In New Jersey, alimony may be awarded in divorce cases based on various factors, including the duration of the marriage, the standard of living established during the marriage, and the financial needs and abilities of each party. However, in annulment cases, the question of alimony is often more complex.
Since annulment essentially erases the marriage from existence, courts may be less inclined to award alimony in annulment cases compared to divorce cases. However, there may be exceptions to this general rule, particularly if one party can demonstrate financial need or hardship as a result of the annulment. Factors such as the length of the relationship, the contributions of each party, and any agreements or arrangements made during the purported marriage may also influence the court’s decision regarding alimony.
Facing Annulment? Contact Tanya L. Freeman, Attorney at Law
Navigating the complexities of annulment, property division, and alimony in New Jersey requires careful consideration of the specific facts and circumstances of each case. It’s essential for individuals contemplating annulment to consult with a knowledgeable family law attorney who can provide personalized guidance and advocacy.
An experienced attorney can assess your case, explain your rights and options, and help you navigate the legal process with confidence. Whether you’re concerned about property division, alimony, or other issues related to annulment, an attorney can provide the support and guidance you need to protect your interests and achieve a fair and equitable resolution.
Tanya L. Freeman has been working to help people in New Jersey navigate these painful and powerful chapters in their lives for years. Contact the office today to schedule your free consultation.
Related Videos