The causes of action to be able to seek an annulment are very specific. they can be found in the statutes. § 2A:34-1. Causes for judgments of nullity (1) Judgments of nullity of marriage may be rendered in all cases, when:a. Either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time of a second or other marriage.b. The parties are within the degrees prohibited by law. If any such marriage shall not have been annulled during the lifetime of the parties the validity thereof shall not be inquired into after the death of either party.c. The parties, or either of them, were at the time of marriage physically and incurably impotent, provided the party making the application shall have been ignorant of such impotency or incapability at the time of the marriage, and has not subsequently ratified the marriage.d. The parties, or either of them, lacked capacity to marry due to want of understanding because of mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the marital relationship; duress; or fraud as to the essentials of marriage; and has not subsequently ratified the marriage.e. The demand for such a judgment is by the wife or husband who was under the age of 18 years at the time of the marriage, unless such marriage be confirmed by her or him after arriving at such age.f. Allowable under the general equity jurisdiction of the Superior Court.If you do not have one of the claims listed above, you can not get an annulment and it might be easier to file for divorce. If you would like to discuss the cause of action, and whether you meet the requirements, feel free to call my office.
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