The Law Office of Jennifer Marshall, Esq.
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Jennifer Marshall, LLC
According to the New Jersey Courts, annulment filings represent less than one percent of all family court actions each calendar year. Though far less common than divorce, annulments present specific procedural and legal challenges. While the New Jersey annulment process resembles divorce in some respects, the legal standard and consequences are entirely different.
At the Law Office of Jennifer Marshall, Esq, our Piscataway annulment lawyer provides strategic representation in annulment matters.
Call our experienced divorce attorneys today.
State law recognizes several grounds for annulment. These include bigamy, lack of capacity to consent due to intoxication or mental incapacity, fraud or duress at the time of marriage, or if one spouse was underage and lacked parental or court approval. Consanguinity, commonly known as incest, is also grounds for an annulment.
For example, if one spouse entered the marriage while already legally married to another person, the second marriage is void. Similarly, if one party was tricked into marriage under false pretenses, such as a lie about wanting children or hiding infertility, the court considers the marriage voidable.
Unlike divorce, which ends a valid marriage, annulment asserts that a valid marriage never existed. Therefore, property division, alimony, and other relief is limited, unless children are involved. Custody and child support are still handled under the same standards as divorce, specifically under N.J.S.A. 9:2-4. Discuss these matters and how to resolve them with your Piscataway annulment attorney.
The annulment process in Piscataway begins by filing a Verified Complaint for Annulment in the Middlesex County Family Division. The person requesting annulment must list the statutory grounds, provide supporting facts, and serve the other party with the complaint.
If the other party contests the annulment, the case proceeds similarly to a contested divorce, including discovery, hearings, and potentially a trial. Supporting evidence might include text messages, medical records, witness testimony, or proof of another active marriage. Your annulment attorney can oversee this process.
In uncontested cases, the court can issue a Final Judgment of Nullity following a hearing or affidavit review. That judgment declares the marriage void and restores both parties to their prior single, divorced, or widowed legal status. Depending on the facts, the court may also address child custody, support, and any shared debts or obligations.
Courts do not automatically grant annulments. The outcome depends heavily on documentation, witness credibility, and legal grounds. If the court finds that the statutory conditions are not met, the request for annulment can be denied. The case can instead proceed as a divorce. You want the right annulment lawyer presenting your case.
When granted, an annulment restores both parties to their pre-marriage legal status. This can help with immigration, religious recognition, or benefits eligibility in certain circumstances. However, annulment never erases obligations toward children. Custody and support orders will still be entered and enforced as in any other family law case.
Judges in Middlesex County often ask for documentation that predates the marriage, especially when incapacity or fraud is claimed. Delayed filing can also raise questions. Consulting early with a lawyer helps reduce inconsistencies and evidentiary issues.
A Piscataway annulment lawyer plays a key role in annulment cases by determining if your circumstances qualify under state law and assembling a strong record of supporting evidence. Legal representation is also critical in contested matters, where the other spouse disputes the facts or seeks financial relief.
The Law Office of Jennifer Marshall, Esq, handles both divorce and annulment proceedings across Piscataway and Middlesex County. We can evaluate your eligibility and represent you throughout the process.
Reach out now to book a legal consultation with our firm so we can review your case.
The Law Office of Jennifer Marshall, Esq.
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