Annulment as an Alternative to Divorce in New Jersey

When ending a marriage, divorce is not the only option in New Jersey. An alternative, called annulment, is available. Annulment is not the same as divorce in terms of terminating a marriage; instead, it voids a marriage from the beginning as though it never existed.

Annulment of Marriage and of Civil Union

The law gives insight as to what cases can be resolved by annulment. The New Jersey Statutes Annotated, 2A:34-1 dictates slightly different things for cases of traditional marriage and civil union (a legally recognized union of a same-sex couple, with rights similar to marriage).

1. Annulment of marriage may be rendered in cases where:

• Either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time of a following marriage.
• The parties are outside the bounds of the law.  If any such marriage wasn’t annulled during the lifetime of the parties the validity of it should not be inquired into after the death of either party.
• One of both of the parties lacked capacity to marry because of a lack of understanding due to mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the marital relationship; duress; or fraud as to the essentials of marriage; and has not subsequently established the marriage.
• The demand for annulment is by the wife or husband who was under the age of 18 years at the time of the marriage.
• Allowable under the general equity jurisdiction of the Superior Court.

2. Annulment of a civil union may be rendered in cases where:

• Either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time the new civil union was established.
• The parties are prohibited by law from entering into a marriage or establishing a civil union or domestic partnership.  If any such civil union wasn’t annulled during the lifetime of the parties the validity thereof shouldn’t be inquired into after the death of either party.
• One or both of the parties lacked capacity to enter into a civil union because of a lack of understanding because of mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the civil union; duress; or fraud as to the essentials of a civil union; and has not subsequently established the civil union.
• The demand for annulment is by the party who was under the age of 18 years at the time of the civil union.
• Allowable under the general equity jurisdiction of the Superior Court.

As you can see, divorce is not the only option when it comes to ending a marriage or civil union in New Jersey. Annulment is a very real option if your case fits the circumstances described above! It can be especially appealing since annulment voids a marriage or civil union way back from the beginning so it’s as if it never happened.

If you are looking into annulment as a solution, the NJ family law attorneys at Gruber, Colabella, Thompson, Hiben & Montella can help you through this process with unparalleled personal attention. Click here for a free consultation.