NJSBA Family Law Section

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  • 1.  Annulment procedure

    Posted 07-03-2017 01:07 PM

    Greetings: I filed for annulment in Bergen, (3 month marriage, she lives in NJ, marriage was in NY, he moved back to EU to be with his pregnant gf) I pled general relief and fraud for green card, etc. he didn't (wont) answer, but responded to my email that had the complaint and agrees that he wants an annulment.
    Is it possible to schedule a hearing without the benefit of an answer where the adv appears by conference call and the court simply issues the annulment based on statutory criteria being met and on consent? Or do I need to file my a motion for good service and proceed by default?

    Tom King, Esq.

     

    Thomas R. King, Esq

    C: 973-750-8348
    www.njfamily.law - www.njdivorce.law

     

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  • 2.  RE: Annulment procedure

    Posted 07-03-2017 02:45 PM

    I'm not sure of the process for no-appearance "on the papers" in Bergen, but I've done annulments on the papers in Somerset, Mercer, and Middlesex. I usually put more detail into the "certification in support of default without appearance", but otherwise it's the same pleadings. I think Bergen will do them on a case-by-case basis, with one judge wanting a letter requesting "no appearance", but under the facts you're describing, I'd think it could be handled that way.



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    David Perry Davis, Esq.
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