Annulment legally invalidates a marriage. Unlike divorce, which ends a legally recognized marriage, an annulment treats the marriage as if it did not exist. In New Jersey, courts grant annulments only in specific circumstances where the marriage lacked legal validity or should not have been valid from the start.
Legal grounds for annulment
New Jersey law outlines several grounds for annulment. Bigamy occurs when one spouse marries someone else while already married. Fraud or misrepresentation also serves as grounds for annulment if one spouse deceived the other about an essential aspect of the marriage, such as the ability to have children or immigration status.
Incapacity provides another reason for annulment when one or both spouses lacked the mental ability to consent due to impairment, intoxication, or another condition. Underage marriage without parental or court approval also qualifies. Additionally, marriages that involve duress or coercion or occur between close relatives hold no legal validity and qualify for annulment.
Key differences between annulment and divorce
Divorce legally ends a valid marriage, while annulment erases it as if it did not occur. Because of this, annulments require more specific legal grounds and remain harder to obtain. Divorce addresses issues such as property division, spousal support, and child custody. Annulment cases may still involve child custody and support rulings, but courts typically do not divide property or award alimony since the marriage lacked legal standing.
Not all marriages qualify for an annulment, so understanding the differences helps determine the right course of action. If the marriage does not meet annulment requirements, divorce remains the only legal option. Understanding these distinctions allows individuals to make informed decisions about their future.
