Understanding Marriage Annulment in New Jersey

In New Jersey, a marriage annulment is a legal process in which the court declares a marriage void and nullified. Interested parties may seek annulment if the marriage was not permitted under state law. For example, persons who were too young to consent to a marriage may petition the courts for annulment. After an annulment, both parties are restored to their original status before the marriage.

Annulment is not the same as divorce, even though they are both types of marriage dissolution. A divorce is the dissolution of a legally recognized union. Divorced parties are thus eligible for a form of support after the divorce event. Divorcees may receive alimony, property, or child support, while persons in an annulled marriage may not receive these benefits.

Grounds for Annulment in New Jersey

Under NJ Rev Stat § 2A:34-1, legal grounds for marriage annulments include the following:

• Neither of the parties was legally married to another as of the time of the marriage event to the current spouse.
• The parties are in close blood relations.
• Either of the parties was physically incapable of consummating the marriage, and the plaintiff was not aware of the incapability at the time of the marriage.
• Either of the parties was mentally incapable of consenting to the marriage.
• One or both parties were under the age of 18 at the time of the marriage event.

Eligibility Requirements for an Annulment in New Jersey

You are generally required to fulfill specific criteria when filing for annulment in New Jersey. For instance, couples may file for annulment if they are closely related or if either of the parties was too young to consent to the union.

Unlike other US states, there are no residency requirements for filing a marriage annulment. You may file for annulment in the county where you or the other party lives. There is also no timeframe for filing for annulment. Couples may annul their marriage at any time after the ceremony. Nevertheless, it’s preferable to file for annulment shortly after the marriage or as soon as you are legally eligible to do so.

Note: Annulment in New Jersey applies to both civil and traditional unions. A religious annulment is not valid unless it is supported by a court decree.

How to Get a Marriage Annulled in New Jersey

You may get a marriage annulled in New Jersey by following these steps:

1. Determine if you qualify for annulment: Nevada superior courts may only grant annulment for reasons outlined in NJ Rev Stat § 2A:34-1. Such reasons include bigamy, underage marriage, and mental or physical incapacitation. The court might also grant annulment if either party uses fraud to get the other to consent to the marriage. For more clarity on the eligibility requirements, you may contact your local superior courthouse or the clerk’s office.
   Fill out the necessary documents: Parties seeking to annul may provide the following forms:
   • Divorce complaint form.
   • Certificate of Verification and Non-Collusion.
   • Summons.
   • Confidential Litigant Information Sheet.
     The New Jersey Courts website, via a third-party platform, provides downloadable forms for annulment filings.
2. File the annulment complaint and other required documents: Make copies of these documents and send them to the local superior court via online or offline means. For online filing, you may use the state’s Judiciary Electronic Document Submission (JEDS) System. You may, however, file the documents in person or via mail to the family division of the local superior courthouse.
3. Pay the filing fee. In New Jersey, plaintiffs and defendants are required to pay filing fees of up to $300 and $175, respectively. The state charges extra fees if the union results in children. Plaintiffs using the e-filing option may pay the filing fee via credit card. However, the superior court may accept different payment options for in-person filing and money orders or checks for mail-based filings.
   Note: Plaintiffs may obtain fee waivers by filling out the required forms. Note that the court will review the request and determine if the petitioner is eligible for the waiver.
4. Serve the other person: New Jersey requires you to serve the summons and other required documents within 60 days of filing for annulment. You are also required to provide proof to the court that the other party received the annulment papers. You may use a county sheriff or process server to serve the papers. The servers will send a proof of service to you and the court as evidence that the other party received the papers.

The court may schedule a hearing date to determine if the plaintiff has valid reasons for filing for annulment. During this process, the court may review evidence from both parties or other concerned persons.

Required Forms and Documentation for an Annulment in New Jersey

In New Jersey, petitioners may provide the following document when filing for annulment:

• Divorce complaint form.
• Certificate of Verification and Non-Collusion.
• Summons.
• Confidential Litigant Information Sheet.

You may find these documents via the New Jersey Court website. On the other hand, local district court clerks may provide fillable forms for annulment.

In addition to these documents, plaintiffs may provide documents to back up their claims. A birth certificate is often required when filing for annulment on the basis of underage marriage. Plaintiffs may also provide notarized statements from concerned parties, like parents and witnesses at the marriage event.

Where to File for an Annulment in New Jersey

You may file for annulment at the family court division of the local superior court. The court handles all domestic relations filings, including marriage annulments. Alternatively, you may file the documents online via the JEDS platform. The platform receives filed documents and files them with a local superior court.

Annulment Timelines and Waiting Periods in New Jersey

Generally, there are no timelines or waiting periods for filing a marriage annulment in New Jersey. However, plaintiffs may lose their right to annulment if they wait too long after the marriage event. Case in point: plaintiffs who were underage at the time of marriage but remain in the union long after attaining the legal age. The same also applies to those who were mentally incapacitated to consent to marriage but remained in the marriage after regaining their sanity.

Annulment case proceedings are generally faster to resolve when there are no children in the union. They may not include issues, such as child custody or support, which take a long time to resolve. Nevertheless, factors like missing paperwork and court backlogs may delay the court process.

Costs and Court Fees for an Annulment in New Jersey

In New Jersey, the superior court requires defendants to pay a $300 and $175 filing fee, respectively. The filing fee is state-specific and applies to all local courts in the state. In addition to the filing fees, plaintiffs may face extra costs in the form of service fees and attorney fees. Note that there are options for fee waivers. To apply for a fee waiver, submit a completed application to the appellate division of the local superior court. You are generally eligible for a fee waiver under these conditions:

• You have less than $2,500 in liquid assets.
• Your income is below 150% of the poverty level.

Note: Your eligibility for a fee waiver is not affected by your decision to hire an attorney or to self-represent

After the Annulment: What Happens Next?

In the eyes of the law, you were not married after filing for annulment. You also regain your original status before the marriage occurred. Unlike divorce, each party retains the rights to properties acquired before and during the union. So, there are rarely any forms of property division disputes or spousal support payments after annulment. However, you may pay child support if there were children in the union.