If you are looking to end your marriage, you may be wondering about the difference between an annulment and a divorce. Read on to learn more about the differences in New Jersey.
Annulment vs Divorce:
A divorce ends a legally valid marriage. An annulment essentially proves that the marriage was not legal in the first place, therefore voiding it.
Grounds for annulment:
Because an annulment ends an invalid marriage, only certain marriages are eligible for annulment. In New Jersey, grounds for annulment include:
- Previous marriage undissolved
- Incest
- Impotency
- Lack of consent due to:
- alcohol
- understanding capacity
- drugs
- duress
- fraud
- underage
Grounds for divorce:
The grounds for divorce are very different than the grounds for annulment. In New Jersey, grounds for divorce include:
- Adultery
- Imprisonment
- Desertion
- Institutionalization due to mental illness
- Extreme cruelty
- Deviant Sexual Misconduct
- Narcotics addiction or alcoholism
What is the process of an annulment?
The processes of divorce and annulment are different as well. In order to get an annulment, you or your spouse must file a “Complaint for Annulment.” In the complaint, you will supply basic information about yourself and your spouse, and the grounds for annulment. Once the complaint is filed, your spouse must be legally “served” with the complaint.
If your spouse agrees to the annulment, the judge can enter a decree of annulment, voiding the marriage. However, if your spouse does not agree to the annulment, you will have to provide proof of grounds in court. If this occurs, it is important to work with an experienced family law attorney.
What does the divorce process entail?
When it comes to a divorce, there are a number of matters to address. These matters may involve child support, child custody, the division of assets, spousal support, and more. To settle these matters and finalize a divorce, the couple may go through the following process:
- Case management conference
- Contested matters of the divorce
- Pre-trial discovery process
- An Early Settlement Panel date
- Selection of expert witnesses
- Assessing whether there is a custody dispute
- Early settlement panel
- Finalization of divorce
If you are looking to end your marriage, our firm is here to help. Contact us today to speak with a dedicated and experienced family law attorney.
Contact Our Experienced New Jersey Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.
