Obtaining an Annulment
At Tournour Law in East Brunswick, NJ, I have represented many clients in marriage law cases. I can help you determine if you are able to pursue an annulment and can guide you through the process. In the eyes of the law, an annulment essentially substantiates that a marriage happened. It is a suitable alternative for couples wanting to avoid legal separation or divorce. If you are considering an annulment, contact our law firm online or call (732) 637-5044 to schedule a consultation.
What is an Annulment?
Couples who seek an annulment can legally say they have never been married. This is unlike a divorce, which acknowledges that the marriage was valid and dissolves the marital contract. It is also unlike legal separation, which not only recognizes the validity of a marriage but does not actually terminate the marriage.
Couples who seek an annulment can legally say they have never been married.
Grounds for Annulment and Other Influential Factors
State laws on civil annulments vary from state to state. In the state of New Jersey, one must establish one of several grounds for an annulment:
- Misrepresentation or fraud
- Concealment of major issues, such as children from prior relationships, an inability to have children, or a debilitating addiction
- One or both parties were under the influence of drugs or alcohol at the time of the marriage
- One or both parties were underage at the time of the marriage
- One spouse was legally married to another person when the marriage took place (bigamy)
There are numerous reasons to seek an annulment rather than a divorce or separation. For many couples, there are financial considerations, such as preventing the need for alimony payments. An annulment aims to restore each party to their financial status at the time of the marriage. This avoids the need for alimony and also allows for a simplified division of property. Generally, each party keeps whatever property they had prior to the marriage, and they are not subject to the constraints of “marital property.”
An annulment is also an option if you want to reinstate benefits you had prior to the marriage. If you received alimony from a previous marriage, you may be able to reinstate those payments after an annulment. Federal benefits like Social Security can also end when a beneficiary remarries. If your marriage is annulled, you can argue that you are still eligible to collect those benefits.
Although an annulment is a civil action, there are often religious considerations at stake as well. Some religions do not allow those who have been divorced to remarry. Because an annulment treats the marriage as though it never happened, parties of some religious faiths are free to remarry.
Contact Our Law Firm Today
Annulments can be quite complex. If you want to explore your eligibility for an annulment and learn more about how it can benefit you, you need advice from legal counsel. Contact Tournour Law online today or call (732) 637-5044 to schedule a consultation.