Full question:
With an annulment, does the defendant have to sign a waiver as with a divorce, and how long is the process?
- Category: Divorce
- Subcategory: Annulment
- Date:
- State: New Jersey
Answer:
The procedural rules for waivers and service of process are the same for annulments and divorces. The duration of the annulment process depends on the court's docket.
Divorce ends a marriage, while annulment declares that the marriage never existed. The court may consider factors like child legitimacy and the sanctity of marriage, often favoring divorce over annulment.
In New Jersey, there are two types of annulment:
- Void ab initio: This type declares the marriage void from the beginning, as if it never occurred. You don't legally need to go to court for this declaration, but it's advisable. A marriage is considered totally void if it has a defect that allows for collateral attack, even after the death of one or both spouses, and no direct annulment proceeding is necessary.
- Voidable: This type requires a court to annul the marriage. Grounds for a voidable marriage include lack of consent, incapacity (such as insanity or intoxication), fraud, or duress.
In some cases, annulment can be pursued under the name of divorce in New Jersey.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.