In New Jersey, most couples who decide to end their marriage do so through divorce, also referred to as the dissolution of marriage. However, under certain circumstances, state law allows a marriage to be annulled.

An annulment is a legal process that declares a marriage invalid under applicable law. Unlike a divorce, which ends a legally recognized marriage, an annulment addresses whether the marriage was legally valid in the first place.

So, how do you know if your marriage qualifies for an annulment in New Jersey? Understanding the legal grounds can help you determine which option may be appropriate for your situation.

When Can You Get an Annulment in New Jersey?

New Jersey law recognizes specific circumstances in which a marriage may qualify for an annulment. If your situation does not meet the applicable legal requirements, you may need to pursue a divorce instead.

The following are some of the circumstances that may provide grounds for an annulment.

Incapacity

Both individuals entering a marriage must have the legal capacity to understand the nature and consequences of that commitment.

For example, a person who was so intoxicated at the time of the marriage that they could not understand what they were agreeing to may have grounds to challenge the marriage. A mental impairment that prevents someone from understanding the nature of the marital relationship may also be relevant.

Whether incapacity justifies an annulment depends on the circumstances and the applicable legal requirements.

Fraud

Fraud may provide grounds for an annulment when one person uses a significant misrepresentation to persuade the other to marry.

Examples may include:

• Misrepresenting religious beliefs in circumstances where the deception is legally significant.

• Concealing important information about immigration-related intentions to induce someone to marry.

• Making a material misrepresentation about the intention to have children.

• Concealing a pregnancy involving another person before the marriage.

Not every lie or undisclosed fact is sufficient to establish fraud. The court considers the nature of the misrepresentation, its significance to the decision to marry, and the circumstances surrounding the marriage.

Underage Marriage

Age is another factor that may affect whether a marriage can be annulled.

New Jersey generally requires individuals to be at least 18 years old to marry. If a marriage occurred when one party was underage and the applicable legal requirements were not met, an annulment may be possible.

However, subsequent conduct can affect the available legal options. For example, if the individual continues to recognize the marriage after reaching adulthood, the court may need to consider whether the marriage was ratified and whether annulment remains available.

Duress or Coercion

A marriage must be entered into voluntarily. If someone was forced, threatened, or subjected to coercion to get married, they may have grounds to challenge the marriage.

For example, a person who agrees to marry because they fear serious consequences if they refuse may not have entered the marriage voluntarily.

Evidence of the threats, pressure, and surrounding circumstances can be important when determining whether the legal requirements for an annulment have been satisfied.

Bigamy or Polygamy

New Jersey law generally prohibits a person from entering into a marriage while already legally married to someone else.

If you discover that your spouse was still legally married to another person when you married, that fact may provide grounds for challenging the validity of your marriage.

The circumstances of the prior marriage and what each person knew at the time can affect the legal analysis. An attorney can help determine whether an annulment or another legal remedy is appropriate.

Incest

New Jersey prohibits certain marriages between close blood relatives.

If a marriage falls within a prohibited degree of relationship under state law, it may be considered legally invalid. The specific family relationship and applicable statutory provisions determine how the law applies.

Impotence or Inability to Consummate the Marriage

Certain circumstances involving the inability to consummate a marriage may provide grounds for an annulment under New Jersey law.

However, this issue is not necessarily the same as being unable to have children. Infertility alone does not automatically establish grounds for an annulment.

The relevant facts, including the nature of the condition and any applicable legal requirements, must be evaluated to determine whether an annulment may be available.

Why Choose an Annulment Instead of a Divorce in New Jersey?

Annulments are less common than divorces because they are available only when specific legal grounds exist. However, for individuals whose circumstances meet those requirements, an annulment may be an appropriate option.

The primary distinction is how the two proceedings treat the marriage. A divorce ends a legally recognized marriage, while an annulment determines that the marriage was invalid under the applicable law.

Some people seek annulments because of their religious beliefs or personal circumstances. Others may believe an annulment more accurately reflects the circumstances in which their marriage took place.

Although an annulment may be less complicated in some cases, it is not necessarily faster or less expensive than a divorce. The time, cost, and outcome depend on the facts of the case and whether the legal grounds can be established.

It is also important to understand that an annulment does not automatically eliminate every legal issue arising from a relationship. Questions involving children, financial obligations, and property may still require legal consideration.

What If Your Marriage Does Not Qualify for an Annulment in New Jersey?

If your circumstances do not meet the legal requirements for an annulment, divorce may be the appropriate way to end your marriage.

New Jersey recognizes several grounds for divorce, including adultery, separation under the applicable statutory requirements, and certain other fault-based grounds. Couples may also seek a no-fault divorce based on irreconcilable differences.

Unlike an annulment, a no-fault divorce based on irreconcilable differences generally does not require one spouse to prove that the other engaged in misconduct.

Even when an annulment may be available, divorce could be worth considering based on your financial circumstances and the legal issues involved.

For example, the choice between annulment and divorce may affect how the court addresses spousal support and property division. The applicable rules and potential outcomes depend on the facts of the case.

An annulment also requires you to establish the relevant legal grounds. If those grounds are disputed or difficult to prove, pursuing a divorce may be a more practical option.

A knowledgeable Monmouth County family law attorney can review your circumstances, explain your options, and help you determine which legal process best fits your needs.

Speak With an Experienced Monmouth County Family Law Attorney

Determining whether your marriage qualifies for an annulment in New Jersey requires a careful review of the circumstances and applicable law. Choosing the right approach can help you understand your rights and make informed decisions about your future.

The Law Office of Jennifer J. McCaskill, LLC, can help you explore your options and understand the legal process involved in ending your marriage.

To discuss your situation, call the firm's Red Bank, New Jersey, office at (732) 372-0957 or contact the office online.

You can also visit the office at 157 Broad St., Suite 111, Red Bank, NJ 07701.

Getting legal guidance early can help you understand whether an annulment is available or whether pursuing a divorce is the better path forward.