Annulment vs. Divorce

When a marriage ends, couples in New Jersey typically pursue a divorce, but sometimes individuals approach us about the possibility of an annulment instead. While both processes legally dissolve a marriage, they differ significantly in their purpose, requirements, and outcomes. Understanding the distinction between annulment and divorce can help you determine which option is appropriate for your situation. Read on for a general discussion about the distinction between the two legal avenues for marriage dissolution, and contact the Law Offices of John B. D’Alessandro for personalized legal advice tailored to your specific situation from an experienced and knowledgeable Union divorce lawyer.
What Is Annulment?
An annulment declares that a marriage was never legally valid from the start. In legal terms, it treats the marriage as though it never existed. Annulments are granted only under specific circumstances, such as:
- Fraud or Misrepresentation: One spouse misrepresented or concealed an essential fact, such as already being married, lying about the desire to have children, or hiding a criminal history.
- Bigamy: One spouse was already married at the time of the union.
- Incest: The spouses are too closely related by blood under New Jersey law.
- Lack of Capacity: A spouse lacked the mental capacity to consent to the marriage due to intoxication, mental illness, or another impairment.
- Underage Marriage: One or both spouses were underage and did not have the necessary parental or judicial consent.
- Impotence/Sterility: A spouse is unable to have children and failed to disclose that fact before the marriage.
- Duress: One spouse was forced to marry under threat of violence or other severe consequences by the other spouse, a family member, or other third party.
Annulments are less common than divorces because they require specific grounds to be proven in court.
How Is Divorce Different?
A divorce, on the other hand, legally ends a valid marriage. In New Jersey, you can file for a no-fault divorce, citing irreconcilable differences, or a fault-based divorce, which requires proving grounds such as adultery, abandonment, or cruelty.
Divorce resolves issues related to property division, alimony, child custody, and support. Unlike an annulment, a divorce acknowledges that the marriage existed but has irretrievably broken down.
When Can You Get an Annulment Instead of a Divorce?
To obtain an annulment in New Jersey, you must demonstrate that your marriage meets one of the legal grounds mentioned above. If you cannot establish these grounds, divorce is your only option.
Pros and Cons of Annulment vs. Divorce
Pros of Annulment
- Clear Legal Status: Annulment erases the marriage from legal records, which may be important for religious or personal reasons.
- Simplified Property Division: Because the marriage is deemed invalid, there may be fewer legal disputes over marital property.
Cons of Annulment
- Limited Availability: The strict requirements make annulments difficult to obtain for most couples.
- Short Time Frame: In some cases, an annulment must be sought soon after the marriage, which may not be practical for everyone.
Pros of Divorce
- Comprehensive Resolution: Divorce allows for the resolution of all legal issues, including asset division, alimony, and child custody.
- Widely Accessible: No-fault divorce means you do not need to prove fault or specific grounds.
Cons of Divorce
- Emotional and Financial Strain: Divorces can be lengthy and contentious, leading to stress and high legal costs.
- Legal Recognition of the Marriage: Unlike an annulment, divorce does not erase the marriage but ends it.
Which Option Is Right for You?
Choosing between an annulment and a divorce depends on your circumstances. If your marriage meets the grounds for annulment and you prefer to void it entirely, an annulment may be the best choice. However, for most couples, divorce is the more practical option due to its accessibility and ability to address complex marital issues.
Get Experienced Legal Guidance With Family Law Matters in Union, Essex, and Middlesex Counties
Whether you are seeking an annulment or a divorce, the process can be challenging without the right legal support. At the Law Offices of John B. D’Alessandro, we help clients in Union, Essex, and Middlesex counties navigate family law matters with care and precision.
Contact our office today at 908-964-0102 to schedule a consultation and discuss your options for ending your marriage. We are here to guide you through this difficult time and help you achieve the best possible outcome for your case.