New Jersey courts can annul marriages that were never legally valid, but the grounds are narrow and proof is demanding. Here's how the process works.
You can get an annulment in New Jersey only if your marriage was never legally valid. If you qualify, the court will issue a "judgment of nullity," a final order declaring the marriage void. New Jersey's grounds are narrow and the proof required is demanding, so annulments are rare. And even when both spouses agree, a judge won't grant an annulment without evidence.
An annulment isn't the same as a divorce. A divorce ends a valid marriage. An annulment says the marriage never legally existed. Here, we cover who qualifies for an annulment in New Jersey, how to file, and what a judge can decide afterward.
What Are the Grounds for an Annulment in New Jersey?
The Superior Court can annul a marriage for any of these reasons, provided the issue existed at the time of the ceremony:
- bigamy (one spouse already had a living spouse, civil union partner, or domestic partner)
- incest (the spouses are too closely related under New Jersey law)
- underage marriage (a spouse was younger than 18)
- incurable impotence (see below)
- lack of capacity to consent (because of a mental condition or the influence of alcohol, drugs, or similar substances)
- lack of mutual assent (neither spouse actually intended to be married)
- duress
- fraud concerning something essential to the marriage, or
- any other reason allowed under the Superior Court's general equity powers.
(N.J. Stat. § 2A:34-1 (2026).)
Under the final ground, New Jersey law gives judges flexibility that some other states don’t provide. If your situation doesn’t match any of the other grounds on the list, consult a lawyer before assuming you’re ineligible.
Why Living With Your Spouse Can Block a New Jersey Annulment
Several grounds include a catch called “ratification.” If you remained in the marriage after learning about the problem, a judge might find that you affirmed it and deny the annulment. Ratification applies to the grounds of capacity, mutual assent, duress, and fraud.
It also applies to the impotence ground, with an extra condition: You must have been unaware of your spouse's impotence when you married. (N.J. Stat. § 2A:34-1 (2026).)
New Jersey Rules for Underage Marriage
In 2018, New Jersey banned people under 18 from marrying. Before that, 16- and 17-year-olds could marry with parental certification, and younger teenagers could marry with a judge's approval. Today, there are no exceptions. (N.J. Stat. § 37:1-6 (2026).)
The same 2018 law changed the annulment ground. Previously, a spouse who married as a minor lost the right to annul if they ratified the marriage after turning 18. That ratification clause was repealed; now a spouse who was under 18 at the time of the ceremony has this ground with no exception. (N.J. Stat. § 2A:34-1 (2026).)
How New Jersey Courts Handle Fraud
Fraud is harder to prove than it might sound. To show that your spouse committed fraud, the lie has to be essential to the marriage, and the standard is even higher after the marriage was consummated. You must offer clear and convincing evidence.
Judges decide what counts as “essential” on a case-by-case basis. For example, a lifelong Orthodox Jewish woman married a man who claimed to share her faith and follow its practices. When he soon stopped practicing and admitted he never intended to follow the religion, the court annulled the marriage, finding his beliefs were essential to her understanding of the marriage. (Bilowit v. Dolitsky, 124 N.J. Super. 101 (Ch. Div. 1973).)
Compare that to another case in which a man sought annulment after learning his wife’s mother was living with someone outside their caste. The court denied his request, holding that lies about family, fortune, or outside circumstances don’t amount to fraud for purposes of annulment, especially since the man chose to marry without first asking about those differences. (Patel v. Navitlal, 265 N.J. Super. 402 (Ch. Div. 1992).)
Also, the fraud ground applies only to deception by one spouse against the other. It doesn't apply if both of you knowingly went along with a sham. In one case, a woman asked to annul a marriage she entered solely to obtain permanent residence in the United States. She couldn't use the fraud ground, because she and her husband had both knowingly taken part in the ruse. (Faustin v. Lewis, 85 N.J. 507 (1981).)
When a Marriage Was Never Meant to Be Real
If neither of you intended to be married at all, that can be a lack of mutual assent, and it might be enough to annul your marriage. In the Faustin case, discussed just above, the couple never intended to have a real marriage and never lived together as a married couple, so the court found the wife could pursue an annulment on that basis.
Because annulment is an equitable proceeding in New Jersey, a judge can also weigh your conduct when deciding whether to grant an annulment. A judge can't automatically turn you away because you behaved questionably—had “unclean hands,” in legal terms—but they can consider it alongside the public interest in clearing up your marital status. In Faustin, the court weighed those interests and let the wife go ahead with her annulment claim, finding that clearing up her marital status mattered more than her role in the sham marriage. (N.J. Stat. § 2A:34-7 (2026); Faustin.)
What Happens After a New Jersey Annulment?
After an annulment, both spouses are single and free to remarry. If you have children, they remain legally recognized as your legitimate children, even if the marriage is annulled. This rule applies regardless of whether the child was born before or after the wedding. (N.J. Stat. § 2A:34-20 (2026).)
A judge can decide custody, visitation, child support, and alimony in an annulment, applying the same standards that apply in a divorce. However, judges can’t use equitable distribution rules to divide property in annulment cases, because those rules apply only to divorce or dissolution. (N.J. Stat. § 2A:34-23 (2026).) Sorting out what you own based on title ownership and contract law can be complicated, so it's wise to consult a lawyer.
How Do I Get an Annulment in New Jersey?
In New Jersey, the Family Division of the Superior Court handles annulments. To proceed, you must:
- Meet the residency rule. Either you or your spouse has to be a "bona fide" New Jersey resident when you file, meaning New Jersey is genuinely your home and not just a temporary address. Unlike divorce, however, there's no waiting period. (N.J. Stat. §§ 2A:34-8, 2A:34-9, 2A:34-10 (2026).)
- File a complaint for annulment. Where you file depends on where you lived when the grounds for annulment arose, though this can be complicated. Ask a lawyer or your county’s Family Division clerk where to file. Your complaint should clearly state your legal grounds for annulment, the supporting facts, and any requests regarding your children. (N.J. Stat. § 2A:34-8 (2026); N.J. Ct. R. 5:7-1.)
- Notify your spouse. After filing, you must formally deliver ("serve") the summons and complaint to your spouse. Any competent adult who isn't involved in your case can serve the papers for you, including a sheriff’s officer or a professional process server. The person who serves your spouse must file proof with the court. Deadlines apply at several points, so ask a lawyer or the Family Division about timing in your county. (N.J. Ct. R. 4:4-3.)
- Prove your case. A judge will grant an annulment after a hearing where you provide proof. You must show legal grounds; agreement with your spouse isn’t enough. (N.J. Stat. § 2A:34-18 (2026); Bilowit v. Dolitsky, 124 N.J. Super. 101 (Ch. Div. 1973).)
Where to Find More Information and Legal Help in New Jersey
You can find New Jersey's annulment laws on the state legislature's website. Enter the section number of the law you want to read (such as 2A:34-1) in the search bar. New Jersey's court rules are separate from the statutes and are posted on the New Jersey Courts website.
New Jersey doesn't publish a form packet for annulment, so there's no fill-in-the-blank complaint for this. But the courts' divorce self-help pages explain much of what applies to any Family Division case, including filing, service, and fee waivers if finances are an issue. Remember, divorce materials may not apply to annulments, so check before relying on them.
Every county also has a court ombudsman who can explain court procedures and deadlines. They can't offer legal advice, but they can tell you what your court expects.
Finally, Legal Services of New Jersey offers free help to people who qualify. Because the grounds are narrow and the proof requirements are strict, it's worth talking to a family law attorney before you file.
