The Difference Between a Divorce and an Annulment in New Jersey

Individuals may lawfully terminate their marriages by divorce or annulment in New Jersey. Both civil court procedures will end a marriage, but while a divorce dissolves a proper marriage or civil union, an annulment nullifies an illegitimate marital union. Generally, it may be challenging to get an annulment because specific facts should be sufficiently proven before a marriage can be canceled, and those facts are few. The Family Division of the Superior Court hears divorce and annulment cases within the state. Before deciding to get an annulment or divorce, it may be necessary to meet with a lawyer to discuss legal rights and options.

What is a New Jersey Divorce Decree?

A New Jersey divorce decree is the final order of a Superior Court authorizing the dissolution of a marriage or domestic partnership. Also known as the Final Judgment of Divorce, it typically contains a judge’s decision about the divorce and divorce-related matters. This includes visitation arrangements, custody orders, child/spousal support orders, and debt/assets division. The divorce decree may also contain information on the parties involved, the date when the court, and the change of name order issued the final judgment.

Family court documents generally encompass marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in New Jersey?

In New Jersey, a civil annulment reverses a marital or civil union and treats it as if it were never entered. Typically, a Superior Court will only issue an annulment decree upon specific grounds, which are more limited than those of divorce. Like divorce, a court may award custody or order child support. Per N. J. S. A. 2A:34–23, the court may also issue rehabilitative, permanent, or temporary alimony orders.

The most frequent reason spouses petition for annulment is to avoid the social stigma and financial responsibilities that come with divorce. As such, annulment records may not be accessible to the public in New Jersey. The availability of any annulment record essentially defeats the reason spouses seek an annulment or why the courts grant it, which is to dissolve a marriage as if it did not and never existed.

Annulment vs Divorce in New Jersey

Annulments and divorces differ in how they end a civil or marital union. Generally, an annulment nullifies the union and declares it never to have been contracted, while a divorce ends a marriage without reversing it. Though the court procedure for obtaining a divorce or annulment is similar, the grounds to be established, residency criteria, and remedies awarded to spouses differ.

Typically, before either can be granted, the following grounds should exist:

Grounds for Annulment in New Jersey (N. J. S. A. 2A:34–1):

• Bigamy
• Incest
• Incurable impotence
• Incapacity because of a mental condition or inebriation at the time the marriage took place
• Fraud
• Duress
• Under the legal age of 18 when the marriage occurred

Grounds for Divorce (Dissolution Cases) in New Jersey(N. J. S. A. 2A:34–2):

• Adultery
• Intentional desertion for 12 months or more
• Extreme cruelty
• Continuous separation for 18 months or more
• Drug addiction and habitual intoxication
• Mental illness
• Imprisonment for 18 months or more
• Sexual conduct of a deviant nature
• Irreconcilable differences

As seen above, the grounds for divorce and annulment are very different. The reasons for annulment are more limited and specific. Meanwhile, divorce grounds give spouses more leeway, especially when the grounds stated are irreconcilable differences.

Another difference between the two is the residency criteria. The law generally requires all parties who want to file for a divorce to be residents for at least one year before filing an action. However, per N. J. S. A. 2A:34–9, there is no waiting period to obtain an annulment. Instead, the petitioner only has to be a bona fide resident.

Finally, legal protections/considerations; In annulment proceedings, a judge may order child support, visitation, custody, and alimony in a few scenarios. Obtaining a court order for equitable distribution of marital property may prove impossible if it is not a divorce case. Although each party generally retains what belongs to them when the marriage was contracted, the court may divide property under contract law. In contrast, divorce proceedings do not have such restrictions.

Is an Annulment Cheaper Than Divorce In New Jersey?

Whether the cost to dissolve a marital or civil union will be higher or lower depends on whether there are objections to the case or facts of the case, which may prolong court proceedings. Annulment costs may not be less than those of a divorce in New Jersey, but it cannot be said that it is greater. This cost differs on a case-by-case basis. For example, an uncontested divorce is usually less expensive than an annulment, where litigation is required to prove grounds, and which may be expensive. Also, when the divorce issues involve children (custody, support, visitation), or there is complexity in establishing the grounds of annulment, then the cost of litigation will be more considerable.

What is an Uncontested Divorce in New Jersey?

An uncontested divorce, in simple terms, is a type of civil litigation where spouses completely agree on all essential terms of their divorce, including spousal support, child support, debt/asset division; or the defendant fails to respond in writing to a complaint within 35 days from the date served. Per N. J. Court Rule 5:1–4(a)(3), divorce proceedings will be expedited (resolved speedily) if the following conditions are met:

• The divorce is uncontested
• There are no disagreements over valuable assets or income, or over custody or parenting time (visitation)
• Both parties have signed a property settlement agreement
• The time that both parties have been married or had a civil union for is not up to 5 years, and there are no children of the marriage

Where to Get an Uncontested Divorce Form in New Jersey

To begin an uncontested divorce in New Jersey, the plaintiff is expected to inform the Clerk of Superior Court that the divorce is not contested at the time of filing. That person is typically required to file the forms below, including:

• Complaint for Divorce/Dissolution
• Certification by Self-Represented Litigant and Dispute Resolution Alternatives (fillable form)
• Confidential Litigant Information Sheet (CLIS) (fillable form)
• Certification Verification and Non-collusion
• Certification of Insurance
• Certification of Redaction of Personal Identifiers
• Family Part Case Information Statement (CIS) (fillable form)
• Certification of No Pending Proceeding

The defendant is usually required to file a General Appearance or Acknowledgment of Service verifying that there will be no contest. Filing costs $300, and filing an answer costs $175. An additional fee of $25 must be paid by persons who have kids. This fee is for attending a mandatory Parents’ Education Program. These forms and other required forms can be obtained from a local Superior Court Ombudsman in the courthouse. In addition, persons who cannot afford the fees can file the Request for Waiver of Fees and Supporting Certification, and Order Waiving Fees forms.

In New Jersey, records of court proceedings regarding uncontested divorces are generally available to the public on request per the Open Public Records Act and rules of the court, N. J. Court Rule 1:38–1 et seq.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information these sites provide may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in New Jersey?

New Jersey divorce decrees (Final Judgment of Divorce) of active and closed cases are maintained by the courthouse where the divorce was finalized. Meanwhile, the Superior Court's Records Center in Trenton maintains the final judgment of closed and archived cases. To request copies of active or closed cases, individuals may contact the local courthouse in the county where the judgment of divorce was entered. Requests to the Records Center may be made with the Records Request Form for a fee. This form may be submitted by email, in person, or by mail. The address for mail and in-person submissions is available on the Clerk of Court’s website. The Records Center can also be contacted at (609) 421–6100 for more information on obtaining these records. It costs $25 for a certified copy of a divorce decree.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.

How Do I Get a New Jersey Divorce Decree Online?

Requesters may request New Jersey divorce decrees online if the case has been closed and the documents are archived and in the maintenance of the Superior Court Records Center, as explained below.

The Records Center maintains closed and archived records for a specific number of years, which may vary by county. A requester may search the Dissolution Files Inventory using a case docket number to determine if a record is available at the Records Center. Typically, a case docket number has 7 or 9 digits and an FM or M prefix. Instructions on searching this inventory are available on the Superior Court’s Divorce Records page. Persons who do not have the docket number may contact the Records Center at (609) 421–6100 to obtain this information. Callers will be required to provide a rough estimate of the year of the divorce filing, names of parties to the case, and the county of divorce. Once it is determined that the Records Center has custody, a requester may use the Records Request Form to purchase a copy of a divorce decree for a fee. This form should be submitted via the Judiciary Electronic Document Submission (JEDS). Instructions on using this platform and Frequently Asked Questions are available online.

While individuals can obtain divorce decrees in most cases, the Superior Court Clerk’s Office still provides divorce certificates at a $10 fee. A divorce certificate has the parties' names, the divorce county, the case docket number, the date of final judgment, and the Superior Court’s seal.