Marriage is a significant commitment, but sometimes it stops feeling right. Fortunately, New Jersey has two main options to end a marriage: annulment and divorce. Each serves a different purpose and has unique legal implications. Understanding both can help you evaluate which is the best option for you.
Divorcing in New Jersey
Most of us are familiar with divorce. Whether you know someone who has experienced it or have gone through it yourself, you may already understand the basics. In summary, divorce is the termination of a valid marriage. This legal proceeding recognizes that the marriage existed and is now ending.
Each divorce is unique since its nuances depend on the situation. In New Jersey, you can pursue a no-fault or a fault-based divorce. The first happens when nobody is responsible for the separation, but the couple has irreconcilable differences that cannot be solved. However, in at-fault divorce, one of the spouses performed an action leading to the end of the marriage, such as adultery.
Most couples seeking to end a marriage fall under the umbrella of divorce. In this case, a lawyer can help you evaluate your options and defend your interests. Depending on the agreement level among the spouses and the complexity of their situation, a divorce can go to trial or settle amicably.
Understanding annulment
An annulment is a legal procedure to declare a marriage null and void. If you get an annulment, it would be as if you were never married. Unlike divorce, this procedure is only available under specific circumstances. In New Jersey, annulment may be granted for several reasons:
- Bigamy: If one partner was already married.
- Prohibited relationships: Marriages between close relatives.
- Impotence: If one spouse was incurably impotent, unknown to the other at the time of marriage.
- Lack of capacity: Due to mental incapacity, intoxication, or lack of mutual consent.
- Fraud or duress: If the marriage was entered under false pretenses or coercion.
- Underage marriage: If one party was under 18 and did not have parental consent.
In other words, a marriage can only be annulled when it is not legally valid. Once annulled, it is as if the marriage never existed. You lose all the rights associated with marriage, such as inheritance and spousal support. Still, child custody and support can be determined by the court.
Deciding between annulment and divorce depends on your specific circumstances. Annulment is an option when the marriage is considered invalid from the start. Still, divorce ends a legally valid marriage. If you have questions, consulting with a family law attorney in New Jersey can provide clarity and guidance.