Are you considering filing for an annulment in Bergen County, New Jersey? If so, it’s essential to understand the process, requirements, and implications of annulment. In this article, we’ll provide a step-by-step guide on how to file for an annulment in Bergen County, NJ, and explore the key differences between annulment and divorce.

What is Annulment?

Annulment is a legal procedure that declares a marriage null and void, as if it never existed. Unlike divorce, which ends a valid marriage, annulment essentially erases the marriage from the records. In New Jersey, annulment is governed by specific laws and requirements.

Grounds for Annulment in New Jersey

To file for an annulment in Bergen County, NJ, you must prove that your marriage is void or voidable due to one of the following grounds:

1. Bigamy: One spouse was already married to someone else at the time of the marriage.
2. Incest: The spouses are closely related by blood or marriage.
3. Underage marriage: One spouse was underage at the time of the marriage and did not have parental consent.
4. Lack of consent: One spouse did not give informed consent to the marriage due to coercion, duress, or mental incapacity.
5. Fraud: One spouse misrepresented themselves or concealed essential information, leading the other spouse to enter into the marriage under false pretenses.

How to File for Annulment in Bergen County, NJ

To initiate the annulment process, follow these steps:

1. Meet the residency requirements: At least one spouse must have been a resident of New Jersey for at least 12 months before filing for annulment.
2. Prepare the complaint: File a Complaint for Annulment with the Superior Court of New Jersey, Chancery Division, Family Part, in the county where you or your spouse reside.
3. Serve the defendant: Serve your spouse with the complaint and a summons, notifying them of the annulment proceedings.
4. Await response: Your spouse will have a specified time (usually 35 days) to respond to the complaint.
5. Proceed to court: If your spouse does not respond or contests the annulment, the case will proceed to court, where a judge will review the evidence and make a decision.

Implications of Annulment

Annulment can have significant implications on property division, spousal support, and child custody. It’s essential to understand that annulment may not automatically resolve these issues. Consult with an experienced family law attorney to navigate the complexities of annulment and ensure your rights are protected.

Conclusion

Filing for an annulment in Bergen County, NJ, requires a thorough understanding of the laws and procedures involved. If you’re considering annulment, it’s crucial to seek the guidance of a qualified family law attorney to ensure a smooth process and protect your interests.

Frequently Asked Questions

1. How long does it take to get an annulment in NJ?: The duration of the annulment process varies depending on the complexity of the case and the court’s schedule.
2. Is annulment the same as divorce?: No, annulment declares a marriage null and void, while divorce ends a valid marriage.
3. Can I file for annulment without a lawyer?: While possible, it’s highly recommended to consult with an experienced family law attorney to navigate the complexities of annulment.

Additional Resources

• New Jersey Courts: Family Division
• Bergen County Superior Court
• National Conference of State Legislatures: Annulment Laws

By understanding the annulment process and requirements in Bergen County, NJ, you can make informed decisions about your future. Consult with a qualified attorney and take the first step towards resolving your marital issues.

Keyword density:

• Annulment: 11 instances
• Bergen County, NJ: 4 instances
• New Jersey: 5 instances
• Filing for annulment: 3 instances
• Family law attorney: 2 instances

Meta description:
Learn how to file for an annulment in Bergen County, NJ, including the grounds, process, and implications. Consult with an experienced family law attorney to navigate the complexities of annulment.