Sometimes, you realize right after the marriage that things will not work out in the long run. New Jersey law does not require you to remain married for any length of time. You must still take the legal steps necessary to end your marriage.
Annulment Can Only Happen in Rare Circumstances
First, you should know that annulment will not necessarily be an option for you. If the marriage was a mistake, you must go through the divorce process. You could get annulment under the following circumstances:
- One spouse was under 18 at the time of the marriage, and the spouses did not have sexual relations since the time that both were 18.
- One spouse was unable to comprehend that they were getting married because of a mental condition of they were intoxicated.
- One spouse told lies that induced the other to marry them.
- A spouse married the other due to threats.
- One spouse had incurable impotence at the time of marriage.
- The marriage was illegal because the two spouses were too closely related.
A court would need to grant an annulment, and it is far from a sure thing. The spouse who has filed for the annulment has the burden of proof to show that the circumstances exist. If the court does grant the annulment, it would be as if you were never married in the first place.
You Would Likely Need to File for a Divorce
If there are no grounds for annulment, one spouse would have to file for divorce. You can file for divorce if a marriage breakdown lasts at least six months.
Like any divorce, you must reach a marital settlement agreement with the other spouse. If the marriage did not last long, and you have not yet merged your financial households, you should not have as many issues with property division. Nonetheless, you should hire an attorney to help you negotiate the marital settlement agreement. The situation can be tenuous and fragile, and you may not want to deal directly with your soon-to-be ex-spouse, no matter how long you have been married. You should never assume that there will be a certain result based on the duration of the marriage. You could have an unexpected result if you do not seek legal help.
You Could Be Divorced Several Months After Reaching an Agreement
You will file with the court once the period has passed and you have a marital settlement agreement. Then, the timeframe will depend on the court’s schedule. You may be able to have your divorce finalized in a few months. Contested divorces take longer, although it is relatively rare to have a contested divorce after a very short marriage.
Our Middlesex County Divorce Lawyers at Wiley Lavender Maknoor, PC Can Help You Navigate Your Divorce
When you believe your marriage may end, contact our Middlesex County divorce lawyers at Wiley Lavender Maknoor, PC. Call 732-494-6099 or contact us online to schedule a free consultation. Located in Metuchen, New Jersey, we serve clients in Middlesex County, Monmouth County, Union County, and Somerset County, New Jersey.