Legal Separation and Annulment in New Jersey
Whether New Jersey offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: New Jersey offers divorce from bed and board (a limited divorce, similar to legal separation) for the same causes as a full divorce when both spouses request it. N.J.S.A. 2A:34-3
| Legal separation | New Jersey offers divorce from bed and board (a limited divorce, similar to legal separation) for the same causes as a full divorce when both spouses request it. If they reconcile, they may ask the court to revoke or suspend it, and either spouse may later convert it to a full divorce as a matter of right. Civil union partners may seek a legal separation on the same basis. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-3 |
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| Annulment | A marriage may be annulled if either spouse had another living spouse, civil union partner or domestic partner; the spouses are too closely related; either spouse was incurably impotent (if the other did not know and did not later ratify the marriage); either spouse lacked capacity because of mental condition or intoxicants, or there was lack of mutual assent, duress, or fraud as to the essentials of marriage (not later ratified); the request is made by a spouse who was under 18 at the time of marriage; or on other general equity grounds. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-1 |
Where to get help in New Jersey
More New Jersey divorce & family law
- Getting a Marriage License in New Jersey
- Adopting a Child in New Jersey
- Guardianship of a Child or Adult in New Jersey
- Establishing Paternity in New Jersey
- Changing Your Name in New Jersey
- Child Custody Laws in New Jersey
- How Child Support Is Calculated in New Jersey
- Divorce Records in New Jersey
- Alimony and Spousal Support in New Jersey
- How to File for Divorce in New Jersey
- All New Jersey divorce & family law rules
FAQ
Can you get a legal separation in New Jersey?
New Jersey offers divorce from bed and board (a limited divorce, similar to legal separation) for the same causes as a full divorce when both spouses request it. If they reconcile, they may ask the court to revoke or suspend it, and either spouse may later convert it to a full divorce as a matter of right. Civil union partners may seek a legal separation on the same basis.
What are the grounds for annulment in New Jersey?
A marriage may be annulled if either spouse had another living spouse, civil union partner or domestic partner; the spouses are too closely related; either spouse was incurably impotent (if the other did not know and did not later ratify the marriage); either spouse lacked capacity because of mental condition or intoxicants, or there was lack of mutual assent, duress, or fraud as to the essentials of marriage (not later ratified); the request is made by a spouse who was under 18 at the time of marriage; or on other general equity grounds.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.