What Is the Difference Between Annulment and Divorce
Do all movies and TV shows that include a hasty wedding in Las Vegas end with an annulment? Our unscientific analysis of hits from the last few days hasn’t yielded conclusive results. We can say with some degree of certainty, though, that the real-life process to obtain an annulment is not quite as straightforward as it’s often portrayed in the media.
Although there’s no official time limit to pursue an annulment, you must prove to a court of law that your nuptials didn’t result in a legally valid marriage. In some cases, filing for divorce is faster and easier than demonstrating clear grounds for annulment. Still, some spouses may prefer to pursue a legal annulment due to religious or other personal reasons.
Every situation is unique, and only a trusted family law attorney can help you determine whether an annulment or divorce is more appropriate for your circumstances. As you consider your options, here is what you should keep in mind.
Main differences between divorce and annulment
If you feel that your marriage shouldn’t have happened, you’re probably wondering about the next steps and whether to pursue a divorce or annulment. Though both legal processes end a marriage, the process and outcomes are not exactly the same.
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Divorce vs. Annulment |
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| Annulment | Divorce | Both |
| You were never married in that state | Terminates an existing marriage | You are no longer considered married afterward |
| Typically sought when the marriage length is short | Typically granted for longer marriages | You must prove certain circumstances to the court |
| Alimony and spousal support are unlikely | Alimony or spousal support are more likely | Child support and child custody are still awarded by the court |
| Equitable distribution doesn’t apply, because the marriage never legally existed | May provide better protection of property rights | Some legal measures are available for to protect rights to individual and shared property |
A few important points to note that both you and your spouse must be legal residents of New Jersey to file for annulment or divorce in the state.
Additionally, it’s necessary to remember that legal annulments are not the same thing as a religious annulment. Regardless of whether the Court grants you a Judgment of Nullity, you may still have to take the necessary steps with your religious institution for a religious annulment.
Legal grounds for annulment vs. divorce
The court won’t terminate or nullify your marriage on a whim. To obtain an annulment or a divorce, you and your family law attorney must prove that certain conditions are true. Consider the following circumstances that permit annulment and divorce in the state of New Jersey.
Legal grounds for annulment
New Jersey allows couples to obtain an annulment in seven situations. You must be able to prove that at least one of the following grounds for annulment is present:
Bigamy
In New Jersey, it’s illegal to be married to more than one person at a time. Annulment is possible if you or your spouse were still legally married to someone else at the time of your marriage—whether this information was intentionally concealed or not.
Coercion
If you or your spouse were pressured into marrying due to threats, blackmail, or domestic violence, New Jersey law won’t consider the marriage legally binding.
Fraud
A marriage is built on trust—at least, according to New Jersey law. You could seek an annulment if your spouse lied about something to get you to marry them.
Examples of this type of fraud include intentionally concealing:
- Criminal records of moral turpitude (previous convictions of murder, rape, robbery, etc.)
- Desire to have or not have children
- Financial circumstances
- Health conditions
- Religious beliefs
- Substance abuse
- Pregnancy by a different partner at the time of the marriage
For the court to grant an annulment based on fraud, you must prove that your spouse concealed information on purpose with the goal of getting you to agree to the marriage.
Inability to consent
If you or your spouse were too intoxicated to consent to your marriage, an annulment could be possible. A mental health crisis or other mental disability can also serve as grounds for annulment.
Incest
New Jersey doesn’t endorse marriages between people who are related. If you and your spouse learn that you’re siblings or otherwise closely related, your marriage can be voided.
Sexual problems
Problems of a sexual nature, such as concealed impotence or infertility, an inability to consummate the marriage, or a concealed and chronic sexually transmitted disease, are grounds for annulment.
Underage bride or groom
If you or your spouse were under eighteen years old—or under sixteen with parental permission—New Jersey won’t recognize the marriage as legal.
Legal grounds for divorce
There are two types of divorce in New Jersey: fault and no-fault. While grounds for no-fault divorce are relatively easy to demonstrate, fault-based divorce can prove more challenging.
Grounds for fault divorce
A fault divorce is only a favorable choice if you have proof that your spouse has engaged in any of the following activities during your marriage:
- Adultery
- Abandonment
- Abuse
- Committing a felony
- Deviant sexual conduct
- Drug or alcohol abuse
- Extreme cruelty
- Incarceration
- Mental illness leading to institutionalization for two or more years
- Neglect
- Separation
However, bear in mind that a fault divorce may become contested and cost more time and money in the long run.
Grounds for no-fault divorce
The burden of proof is much lower for a no-fault divorce versus a fault divorce or annulment, so choosing this path could save you time and money.
To qualify for a no-fault divorce, you must meet the following requirements:
- You or your spouse have been legal residents of New Jersey for at least one consecutive year
- Irreconcilable differences have been present between you and your spouse for six or more months
- The irreconcilable differences are a rational reason to dissolve the marriage
- Reconciliation between you and your spouse is extremely unlikely
Procedure to obtain a divorce vs. annulment
Depending on your unique circumstances, both processes—filing for divorce or obtaining an annulment—can be time-consuming and legally complex.
Steps to obtain an annulment
- Consult a family law attorney to determine whether a court of law may consider granting the annulment. Your attorney can help you determine whether an annulment makes the most legal and financial sense for you.
- Complete and file a Complaint for Annulment. You’ll need to provide the grounds for annulment, as well as certain information about yourself and your spouse.
- Serve the complaint to your spouse via a qualified third party. You cannot serve annulment papers to your spouse yourself. Instead, a process server or other qualified adult must hand deliver the papers for you.
- Fill out and file Affidavit of Service. This document is like a “receipt” to prove that the annulment papers were hand-delivered to your spouse.
- Your spouse agrees or disagrees with the annulment. If your spouse agrees to the annulment, it’s declared official without a hearing. If not, further steps are necessary.
- You and your spouse attend a hearing, if necessary. At this hearing, you and your attorney will present evidence that the marriage is null and void. Your spouse may also present evidence that the marriage is legitimate at this time.
- Judge determines whether the evidence is sufficient, and the court denies or grants the annulment accordingly. If the court grants the annulment, you and your spouse will receive a Judgment of Nullity, which effectively states that your marriage never happened.
Additional legal measures may be necessary to resolve issues such as alimony, child custody, child support, and property division.
What if a court of law denies my annulment?
It may be appropriate to appeal the decision or to pursue a divorce. Your family law attorney can advise you on your options.
Does an annulment affect child custody and support?
If you have a child with your spouse from before the marriage began, or if you conceive before deciding to seek an annulment, you’ll need to discuss child support and child custody.
Rest assured that annulment ends and erases a marriage—not your parental rights—from your legal record.
New Jersey law still considers children “legitimate” after an annulment, and the courts will make decisions regarding child support and child custody accordingly.
Getting help with an annulment or divorce
No matter which method you choose, the process of ending a marriage is full of financial and emotional concerns. You need a resourceful, compassionate legal team on your side that you can rely on.
The family law attorneys at Dughi, Hewit & Domalewski have decades of combined experience successfully representing clients who are pursuing and challenging annulments.
Whether you’re considering an annulment or simply aren’t sure where to start, Dughi, Hewit & Domalewski can help. Contact us now to get started with your free consultation.
