How to Annul a Marriage in New Jersey

New Jersey has a statute that specifies a number of grounds for annulment.

New Jersey courts recognize a number of grounds for annulment. Among the reasons you will be entitled to an annulment are: if your spouse was married at the time you entered into the marriage or was living in a civil union with another; if your spouse engaged in incest; you were under the age of 18 at the time you entered into the marriage; or either spouse lacked the capacity to enter into the union because of duress, intoxication or fraud. A case for annulment in New Jersey is heard in the Superior Court.

Instructions

1. Confirm the facts of your case meet one of the statutory grounds for annulment. If your case does not satisfy one of the specified grounds, it may fall under the catchall provision. If the facts of a case warrant it, the court will grant an annulment under its general equity jurisdiction.

2. Prepare a complaint alleging the grounds for the annulment. Download the court's complaint form. The complaint should state the facts of your case showing why you are entitled to a judgment of annulment.

3. Complete the civil case information sheet. This form gives the court a summary of the most basic information about your case. It identifies the parties, lists their contact information and includes some information about the nature of the case. You can download the form from the New Jersey judiciary website.

4. File your complaint at the Superior Court closest to you. As of June 2011, the filing fee for a civil suit in New Jersey Superior Court is $200. Bring the original complaint and the civil case information sheet along with two copies of each to the court for filing.

5. Serve the defendant. The court will issue you a Track Assignment Notice and one stamped copy of the papers you filed. You will need to prepare a summons and serve it along with a copy of all the documents on the defendant. Hire a process server deliver the documents to your spouse and the process server will prepare an affidavit of service. File the affidavit of service with the court as the proof that your spouse was duly served.

Tips & Warnings

• Consult with an attorney licensed in New Jersey for a thorough overview of your responsibilities and your rights in an annulment proceeding.

References

• Justia Law: Causes for Judgments of Nullity
• New Jersey Judiciary: Types of Courts, Types of Cases
• New Jersey Judiciary: How to File a Compaint in Superior Court

Resources

• New Jersey Courts: Legal Practice Forms
• New Jersey Judiciary: Civil Case Information Sheet
• New Jersey Judiciary: Complaint
• New Jersey Judiciary:Affidavit of Service