Annulment

1. N.J.S.A. 2A:34-1. Causes for judgments of nullity:
   
   Judgments of nullity of marriage may be rendered in all cases, when:
   
   a. Either of the parties has another wife or husband 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.



2. N.J.S.A. 2A:34-8. Jurisdiction stated
   
   The Superior Court shall have jurisdiction of all causes of ... nullity when either party is a bona fide resident of this State. The Superior Court shall have jurisdiction of an action for alimony and maintenance when the defendant is subject to the personal jurisdiction of the court, is a resident of this State, or has tangible or intangible real or personal property within the jurisdiction of the court. The Superior Court may afford incidental relief as in other cases of an equitable nature and by rule of court may determine the venue of matrimonial actions.



3. N.J.S.A. 2A:34-9. Jurisdiction in nullity proceedings; residence requirements; service of process
   
   Jurisdiction in actions for nullity of marriage may be acquired when:
   
   a. Either party is a bona fide resident of this state at the time of the commencement of the action; and
   
   b. Process is served upon the defendant as prescribed by the rules of the supreme court.



4. N.J.S.A. 2A:34-11. Jurisdiction by acknowledgment of service of process, appearance, etc.
   
   In divorce and nullity actions, the jurisdiction of the court over the defendant's person for all purposes of the action shall be fully established by the filing of an acknowledgment of service of process, or of an appearance, or of an answer by the defendant pro se, or on his behalf by a duly authorized attorney, in such manner as may be prescribed by rules of the supreme court.



5. Return to the Divorce Topic



6. Return to General Topic Index

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