Union, NJ asked in Divorce for New Jersey

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.

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2 Lawyer Answers

Teresa L. Reichek

Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

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;

2. Bigamy;

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.

Leonard R. Boyer

Answered
  • Brooklyn, NY
  • Licensed in New Jersey

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.

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