Not a problem. Since NJ Annulment treats the marriage or civil union as if it never existed, equitable distribution of joint marital or civil union property is not appropriate. However, the parties are left to their contractual and equitable remedies, which must be plead. New Jersey courts – provided they have jurisdiction – can always award child custody and parenting time. Financial support is also possible in some circumstances, as well as damages associated with Domestic Torts and contribution to counsel fees and costs. Here a sample Ad Damnum clause: WHEREFORE, Plaintiff demands judgment as to the Second Count: (A) That a fair partition of the lands may be made among the plaintiff and the defendant and any other persons entitled to share therein according to their respective rights and interests. (B) That the liens, if any, on the individual interests of any other parties be charged to the share assigned to such party, but subject to a charge on such share of its just proportion of the costs of this action and to a charge of the sum which shall be found to be due to the Plaintiff for moneys expended by her for taxes, etc., in preference to such lien. (C) If actual Partition cannot be made without great prejudice to the respective parties or is impracticable, that the lands be sold. (D) If a sale be had, that from the proceeds thereof, there shall be paid the costs of this action, the amount found due to the Plaintiff and the Defendant, each for moneys expended by her and him, respectively, and to the Plaintiff for taxes, etc., and the balance divided between the Plaintiff and the Defendant and such other parties entitled to share therein according to their respective rights and interests; the portion of the moneys arising from the sale of any share against which there are existing liens or encumbrances held by any creditor who is a party hereto shall be paid into this court to be disposed of as this court may direct. (E) That an account be taken of the sums of money expended by the Plaintiff in the payment of taxes, etc. and that the proportionate amount of such expenditures which should have been paid by the several parties in interest and that in the case of actual partition, the respective proportionate amount be adjudged a lien upon the respective shares assigned to such parties, or, that in the case of sale, the sum so found due to such plaintiff shall be paid to her prior to the payments to the parties of their shares in the proceeds. (F) For such further relief as the court may deem just and equitable. ------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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