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What Happens If My Annulment Application Is Denied?

Posted on : December 26, 2020, By:  Erlina Perez

Some couples may have the option to annul their marriage under certain circumstances rather than getting a divorce. That said, not all requests for an annulment are granted. What causes an annulment to be denied and what can you do to get legal help ending your marriage? Here’s what you need to know. 

Marital Annulments Explained  

A marriage annulment is different from a divorce in that beyond ending the marriage, it nullifies it, or renders it never having been valid in the first place. 

Annulment vs. Divorce Benefits 

Often, couples will choose to have their marriage annulled rather than go through the process of divorce for religious or personal reasons. For example, religious individuals receive the benefit of their marriage being considered as never having taken place whereas divorce may be looked down upon or potentially not even allowed. 

Additional benefits of a marital annulment include being able to equally split marital debt, being able to get married again sooner, and not having to be subject to equitable distribution since typically, judges will award property back to the party who originally owned it prior to the marriage. 

Reasons Your Annulment Request Could Be Denied 

In most cases, an annulment request isn’t granted simply because the petitioner fails to meet eligibility requirements. To be considered for an annulment, at least one (1) of the following conditions must be met: 

  • You or your spouse were already married to someone else 
  • You or your spouse coerced or forced the other into the marriage 
  • You or your spouse committed fraud when entering into the marriage 
  • You or your spouse have a mental illness or were mentally incapable at the time of the marriage to understand the contract you were entering into 
  • You or your spouse cannot engage in sexual relations 
  • You or your spouse were not old enough to marry 

How to Appeal a Denial 

If your appeal request was denied by the court, you may still have an opportunity to appeal the decision or ask for a reconsideration within a short window of time following the notification of the decision. However, this typically requires the expertise of an established divorce and family law attorney. 

How an Experienced New Jersey Divorce Lawyer Can Help You 

An established divorce attorney can help you navigate the process of obtaining an annulment and if denied, can help you discover other options. Call experienced New Jersey divorce attorney Erlina Perez now to learn more about the process of annulling your marriage at (201) 880-7070.