Annulment and divorce are two legal methods used to terminate a marriage. One of the biggest differences between annulment and divorce is that an annulment operates as though your marriage never existed, while on the other hand, a divorce ends a preexisting marriage. This blog will discuss the legal and practical differences between the two.
Annulment
Annulments are typically sought after short-term marriages and can be obtained for several reasons as described in N.J.S.A. § 2A:34-1. Under this statute, annulments may be granted under the following circumstances:
- If either party has a wife, husband, or partner in a civil union living at the time of a second or other marriage (this is otherwise known as a bigamous marriage);
- Either party is under the age of 18;
- Either party was incapacitated at the time of the marriage or not mentally capable of appreciating the marriage at the time it was entered into (i.e. intoxication);
- One of the parties is impotent and the other spouse was unaware before entering into the marriage;
- The marriage is between blood relatives;
- Either party made a fraudulent misrepresentation affecting the marriage;
- A party to the marriage was placed under duress, or agreed to the marriage because of the threat of violence.
When filing for an annulment, the petitioning party will have the burden of proving one of these circumstances occurred in order for the annulment to be granted. Once the annulment is granted, the marriage is considered void, as though the parties were never married.
Divorce
Unlike an annulment, a divorce recognizes the validity of a marriage. Divorce legally terminates an existing marriage. Divorce litigation can involve mediation, trial, and other hearings to determine relevant issues. Divorce usually entails issues like the equitable division of assets as well as alimony, which aren’t typically applicable in annulment proceedings.
Another key difference between divorce and annulment is the grounds for seeking a divorce. A divorce can be obtained for a multitude of reasons, which is why courts recognize “no-fault” divorces. A no-fault divorce means that there was no event or incident that caused the end of the marriage. Parties can seek a divorce and cite “irreconcilable differences” as the reason why the marriage ended, whereas an annulment requires the parties to state a specific reason for seeking the annulment and the production of evidence to prove it, making an annulment potentially more difficult and complex, depending on the facts and circumstances.
Property Distribution
One of the biggest differences between an annulment and a divorce is how the court handles the distribution of property between the parties. In a divorce, property is divided equitably between the parties based on whether the property was “marital” (acquired during the marriage), or “separate” (acquired before the marriage, exempt, etc.). When a marriage is annulled, each spouse maintains their own separate property, regardless of whether it was acquired during the marriage, or the other spouse made contributions towards the property. This is a crucial point to keep in mind when deciding whether to seek an annulment.
Child Support/Custody
Other issues that may come up in annulment and divorce proceedings are child support and custody. When parties divorce, their Complaint for Divorce may contain a plea for a custody determination regarding their minor children. When a marriage is annulled, the parties may come to a separate agreement, apart from the annulment itself, regarding child support obligations and custody. Both parents will have rights to their children regardless of their marital status.
NJ Annulment and Divorce
Regardless of the differences between the two, both annulment and divorce can have lasting impacts on a person’s family life. If you believe you may have grounds to seek an annulment or divorce, contact Arndt, Sutak & Miceli, LLC at 732-867-8894 for more information on how to proceed.
