New Jersey Complaint for Annulment
About this form
The Complaint for Annulment is a legal document filed by the plaintiff to request that a marriage be declared null and void. Unlike divorce, which ends a valid marriage, this form is used when the marriage is considered invalid from the beginning due to circumstances like fraud or misrepresentation. By using this form, the plaintiff asserts that they were misled about essential facts leading to the marriage, justifying its annulment under New Jersey law.
Main sections of this form
- Identification of the parties involved: Includes names, addresses, and counties of both plaintiff and defendant.
- Details of the marriage ceremony: Specifies the date, location, and officiant of the marriage.
- Claims establishing annulment: Outlines the grounds for annulment, including fraud and lack of mutual consent.
- Verification section: A declaration from the plaintiff affirming the truthfulness of the information presented.
- Judgment request: A formal demand for the court to declare the marriage null and void.
Common use cases
This form should be used when an individual wishes to annul their marriage based on specific grounds, such as fraud, lack of capacity, or concealment of relevant information by the other party. Situations that may warrant an annulment include discovering that your spouse was previously married, was underage at the time of marriage, or had hidden significant personal issues impacting the marriage.
Who can use this document
- Individuals who believe their marriage was based on false information or deception.
- Persons who married without full consent or understanding of the marriage's implications.
- Anyone seeking to declare a marriage null and void for legal reasons in New Jersey.
How to prepare this document
- Identify the parties: Fill in the names and addresses of both the plaintiff and the defendant.
- Provide marriage details: Enter the date, location, and officiant of the marriage ceremony.
- List reasons for annulment: Clearly state the grounds for annulment based on the situation.
- Sign and verify: The plaintiff must sign and date the verification section, affirming the truth of the allegations.
- Submit the form: File the completed form with the appropriate court in New Jersey.
Does this document require notarization?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Avoid these common issues
- Failing to provide complete and accurate details of the parties involved.
- Not including sufficient grounds for annulment or unclear allegations.
- Neglecting to sign the verification section, which may invalidate the complaint.
Benefits of using this form online
- Convenience: Download and complete the form at your own pace without the need for office visits.
- Editability: Easily modify the form to suit your specific circumstances.
- Reliability: Access templates that are drafted by licensed attorneys, ensuring adherence to legal standards.
Legal use & context
- This form is used to formally annul a marriage, declaring it invalid from the outset.
- Plaintiffs should be aware that grounds for annulment must be adequately substantiated to succeed in court.
- Understanding the implications of annulment is crucial, as it can affect personal and legal status.
Key takeaways
- The Complaint for Annulment is used to declare a marriage invalid due to fraud or misrepresentation.
- Accurate and complete completion of the form is essential for legal validation.
- This form is specifically designed for residents of New Jersey, adhering to state law.
Form popularity
FAQ
It was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples) you did not properly consent to the marriage - for example you were forced into it.
File an Answer only. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. File an Answer with a Counterclaim.
Both parties must sign the Decree of Annulment, and may be able to submit the Decree to the judge for approval without a hearing. Start at Step 2 below to get the annulment finalized this way.
You cannot simply challenge an annulment by telling the court that you wish to remain married. Rather, you are challenging the material representations made by the petitioner. For example, if the grounds for annulment are listed as fraud in the petition, you will need to argue that the fraud never occurred.
If either party is aggrieved by the decision, he or she is asked to contact the Judge in writing within three weeks to add his/her personal appeal. The Judge will then forward this request to the Court of Appeals.
You can annul a marriage for a number of reasons, such as: it was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples) you did not properly consent to the marriage - for example you were forced into it.
You can get an annulment in New Jersey for any of the following grounds: you or your spouse was under age 18 at the time you married and since turning 18 you and your spouse have not had sexual relations. due to a mental condition or intoxication, you or your spouse was unable to comprehend that you were marrying.
However, sometimes annulments are denied, leaving you with little in the way of options. If your annulment is denied, you will have to go through the divorce process if you no longer want your marriage to be void. There are many reasons why your annulment may be denied.
The Decree of Annulment. The Decree of Annulment is the final order that includes all the terms of the annulment.If both parties are signing the Decree: The Decree of Annulment must include all of the agreements between you and your spouse. You both must sign the Decree of Annulment.
