Q: My husband and I have been married for 6 years and separated for 1 year of those 6 I would like to file an annulment.
I’m not going to take him for child support and am working with him on getting the children in the weekends.
A: In order to get an annulment in New Jersey you need one of the underlying grounds. These are:
1. Fraud or lies were used to trick one of you into agreeing to the marriage;
3. one of you was under 18 when you married and you have not had sexual relations since turning 18;
4. One of you did not understand that you were getting married at the time that you did due to intoxication or mental condition;
5. one of you only agreed to marry due to severe threats;
6. you and your spouse are too closely related and should not have been allowed to marry;
7. incurable impotence by either party at the time the marriage took place.
Absent one of these reasons, you are not eligible for an annulment and must seek a divorce. If you are seeking an annulment for religious reasons, there are other options such as a Divorce from Bed and Board.
You should consult with a qualified family law attorney to find out what the options are for someone in your specific situation. Every case is unique and only a competent attorney can explain the best way to move forward.
A: After 6 years of marriage and two children, the only thing you can obtain is a divorce. There is no way an annulment would be granted based on your facts. You must retain an experienced matrimonial attorney to represent you in this case. You need to retain the best attorney you can afford, to obtain the best possible results.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.