If you’re considering ending your marriage, a question you may not think to ask yourself is: Was this ever a valid marriage?
It’s a question that comes up more often than you might think, especially when faced with difficult questions that come up at the end of a marriage: “Did I ever know who they really were?” “Were they lying to me this whole time?” “Was the whole marriage a lie?”
While most people seeking to end a marriage will file for divorce, New Jersey law allows for another option—annulment—in limited, specific circumstances.
Before pursuing either path, it’s important to understand how the two processes differ and what that means for your legal and financial future.
What is a marriage annulment vs. divorce?
Annulments and divorces are both legal procedures that address the ending of a marriage, but they do so in different ways.
A marriage annulment declares that a marriage was never legally valid. In the eyes of the law, it’s as though the marriage never occurred because it failed to meet specific legal requirements from the start.
That said, an annulment doesn’t erase the reality of what happened during the relationship. If children were born during the marriage, the court will still resolve legal matters such as custody, parenting time, and child support as it would in a divorce. It will also address equitable distribution of property acquired during the relationship.
On the other hand, a divorce recognizes the legal validity of the marriage while declaring its formal end. Divorces can be “fault divorces” (one party’s misconduct leads to the end of the marriage) or “no-fault divorces” (where neither party is legally blamed).
Is a religious marriage annulment the same as a legal marriage annulment?
Civil law and religious law are distinct areas, and don’t generally overlap with one another. For example:
- A civil court grants a legal annulment, whereas a church or religious institution grants a religious annulment.
- A legal marriage annulment declares a marriage null and void under the law, whereas a religious annulment declares the marriage void according to the laws of that religion.
- A civil annulment follows civil laws and procedures, whereas a religious annulment must follow the rules of that religion rather than civil law.
What are the main differences between an annulment and a divorce?
Aside from a marriage being recognized as legally valid or not, other factors separate a divorce from an annulment.
Legal grounds
The grounds for an annulment differ from those cited in divorce proceedings. While the reasons for divorce can be due to factors like irreconcilable differences or fault (i.e., adultery), an annulment requires proof that the marriage was invalid at “I do.”
While the legal grounds for a marriage annulment vary from state to state, common grounds can include:
- One party was underage and did not obtain proper consent
- One party lacked the mental capacity to consent
- Consent was obtained through fraud, duress, or coercion
- One party was already legally married at the time (bigamy)
- The marriage is incestuous
Fraud must involve a material misrepresentation that directly impacts the core of the marital relationship. For example, hiding the fact that one cannot have children or entering the marriage for immigration status under false pretenses may qualify. Mere disagreements or undisclosed preferences typically do not.
To be granted an annulment, the person seeking it must provide convincing evidence that one of these legal grounds applies. Otherwise, the court will treat the marriage as valid, and a divorce would be required to end it.
Standard of proof
Because an annulment aims to establish that a marriage was never legally valid, the burden of proof is generally higher than in a divorce.
Unlike divorce, which can move forward on grounds like irreconcilable differences without evidence to prove wrongdoing, an annulment requires one party to provide evidence that the marriage met legal conditions for invalidity.
For the court to declare the marriage annulled, testimonies, documents, and/or other proof that clearly demonstrate the necessary legal grounds must be provided.
If the court isn’t convinced by proper evidence that the marriage was legally flawed, the case will likely be dismissed, and the parties will remain legally married. In this instance, if the couple still wishes to end their legal relationship, they must file for divorce.
Timelines
The timeline for a marriage annulment vs. divorce often requires faster action and more specific documentation.
There’s no fixed filing deadline written into state law, but courts expect that once the grounds for annulment are discovered, the filing occurs within a reasonable time. What qualifies as reasonable depends on the circumstances, but continued cohabitation after discovering the issue may weaken the request.
Divorces don’t carry the same time-sensitive requirements for initial filing. Whether fault-based or no-fault, individuals seeking divorce can generally file at any point after the breakdown of the marriage, without the need to act immediately upon discovery of a particular issue.
Financial considerations
Things like spousal support and property division are common elements in divorce settlements.
Marriage annulments, on the other hand, aim to return both parties to their pre-marriage status, so financial entanglements may be minimized. However, remember that courts can still address support issues, even if the marriage is annulled.
It’s important to note that while annulments don’t typically result in spousal support awards, depending on the circumstances, a judge may still consider equitable relief or grant temporary financial support.
For example, if one party became financially dependent after demonstrably relinquishing a career to support the other when they lived together under the assumption of a legally valid marriage, the court may order a limited financial remedy to help ensure a fair outcome.
Consult with a NJ matrimonial lawyer to help de-stress the process
Deciding between an annulment and divorce can feel overwhelming, especially when emotions are running high. The best course of action is to seek legal counsel from a family law attorney who can guide you down the right path for your unique situation.
At Jacobs Berger, LLC, our goal is to make your divorce or annulment in New Jersey as simple and stress-free as possible. Whether you’re also navigating child custody, spousal support, or property division, we’re here to help you move forward confidently with the clarity, support, and personalized legal strategy you deserve.
Contact our team to coordinate your strategy planning session today.
