Family Law Attorneys in New Jersey understand how difficult it is for a parent or a spouse to come to the important decision to pursue divorce. Divorce involves high levels of emotion including stress, anxiety, disappointment and anger. However, all too often we meet with individuals who come into our office seeking an annulment based on a variety of reasons which include some of the emotions discussed stated able. Furthermore, we speak with individuals who seek an annulment of their marriage with their partner simply based on a short term marriage. However, obtaining an annulment is much more difficult than obtaining a divorce. A divorce terminates a marriage while an annulment voids the marriage with your partner all together. Whether or not your relationship lasted for a short period of time will not be the establishing factor to obtain an annulment for a divorce. This article will discuss certain factors to consider when contemplating pursuing an annulment of your marriage.

In order to obtain an annulment you must set forth certain proofs as per factors set forth by New Jersey statute. Annulment may be established as per causes for judgment of nullity set forth in N.J.S.A. 2A:34-1.  N.J.S.A. 2A:34-1 states that judgments of nullity of marriage may be rendered in all cases, when: either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time of a second or other marriage; the parties are within the degrees prohibited by law; the parties, or either of them, were at the time of marriage physically and incurably impotent, provided the party making the application shall have been ignorant of such impotency or incapability at the time of the marriage, and has not subsequently ratified the marriage; the parties, or either of them, lacked capacity to marry due to want 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 marital relationship or duress or fraud as to the essentials of marriage and has not subsequently ratified the marriage; the demand for such a judgment is by the wife or husband who was under the age of 18 years at the time of the marriage, unless such marriage be confirmed by her or him after arriving at such age; and allowable under the general equity jurisdiction of the Superior Court. Annulment is established only when there is proof of extreme nature going to one of the essentials of marriage. V.J.S. v. M.J.B., 249 N.J. Super. 318 (Ch. Div. 1991). Annulment is difficult to obtain which is why such matters are scarcely seen pushed through. These factors should be considered by any individual who is seeking to obtain an annulment of their marriage.

We understand the complexities of handling a divorce matter. We also understand that there are a variety of reasons why an individual would contemplate and have come to the decision to pursue divorce. Some relationships have been separated for long period of time. Other relationships experience differences in which the parties are unable to reconcile. However, there may be certain circumstances which justify an annulment of a marriage and may be established as such. If you are unsure of whether or not an annulment of your marriage is appropriate, we strongly advise that you seek the consultation of an experienced New Jersey Divorce Attorney to help you with your matter.