Like most states, New Jersey law requires that you present certain grounds when filing for an annulment. Although the statute of limitations in this state is more flexible than most, it is imperative that you contact a skilled Bergen County family law attorney at McNerney & McAuliffe to kickstart the process.
How does the state of New Jersey define an annulment?
An annulment legally erases the invalid marriage as if it never happened. This differs from a divorce, in which the validity of the dissolved marriage is still recognized. The divorce process is also different in that property division and alimony are settled, which tends to extend the case.
Am I eligible for an annulment in New Jersey?
The annulment process begins when you fill out and file a “Complaint for Annulment.” Your spouse will be officially served with the complaint, and if they agree, the judge will enter a decree of annulment without a hearing. However, if they disagree, you and your spouse will have to testify before a judge and present evidence proving one of the grounds for annulment. The main provisions of New Jersey’s annulment and prohibited marriage laws are listed as follows:
- You or your spouse were underage at the time of marriage.
- You or your spouse have a physical incapacity to consummate the marriage.
- You or your spouse have an undissolved previous marriage, otherwise known as bigamy.
- You or your spouse experienced a lack of consent due to force, duress, or fraud.
- You or your spouse experienced a lack of consent due to an understanding incapacity or the influence of alcohol or drugs.
- You and your spouse are close relatives.
What is the statute of limitations for an annulment in New Jersey?
Notably, New Jersey law does not specify a specific time limit for seeking the cancellation of a marriage. However, waiting too long to seek an annulment may weaken the claimed grounds for cancellation if the annulment is challenged. In limited circumstances, New Jersey courts may grant an annulment within 30 days of a marriage ceremony even without cause. This is why it is important to retain the services of a talented Bergen County family law attorney to get started on your filing as soon as possible.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM
Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.