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Divorce or Annulment for marriage in a foreign country, but certificate in NJ?

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terrybn59

Junior Member
What is the name of your state (only U.S. law)? New Jersey and a foreign country


I have a complicate case. I talked to a few lawyers, but some of them doesn't get back to me, some of them refers me to another lawyer, can't really rely what they are trying to advise me. this post on may help me to get some real cases or thoughts from various readers. So please don't hesitate to say anything you want to comment on this post. I have an ability to filter out as I think myself.

Both I and my wife are currently separated almost two months now since May 1, 2014.
We had a marriage ceremony in South Korea in Jan 16, 2013 and obtained a marriage certificate on June, 2013 in New Jersey. So we lived about 1 year together in New Jersey.
We're looking to get divorced or make marriage annulled. Both of us agree that we may not live together, but have different preference for the route. My wife prefers marriage annulment, but I don't have preference on either uncontested divorce or annulment. This is what we have gone through so far and here are my questions.

1. We had marriage ceremony in a foreign country, but have marriage certificate in New Jersey. We both are not US citizens, but residents(greencard). What is our legal status for marriage and proper way to proceed for ending of marriage?

2. Marriage annulment or divorce? My wife wants to get marriage annulled saying 'in my dictionary, there's no divorce. Let's do annulment'. then, she wants to submit the case containing that I'm 'addiction to alcohol'. I started drinking very often after I got stressed with the marriage and agree I am dependent on alcohol, but can this be the case for marriage annulment? I ended up saying if the case is not publicly available affecting my job employment, I would accept. She's very strong not agreeing on divorce, but only annulment. In New Jersey marriage annulment ground list, it seems as her preference is belonging to 'fraud or misrepresentation of information before marriage', but as I have researched, it's very difficult to get successful acceptance in court, can't find any single case in Google even in other states for a case of marriage annulment related to alcohol addiction. However, the lawyer she spoke to says 'success change of 70%' and she seems very trustful of her lawyer. I asked her to go and get any case of her lawyer or another lawyer's case of marriage annulment based on 'addiction to alcohol'. But, I doubt her lawyer can present.

Is marriage annulment possible for our couple based on 'addiction to alcohol'? How do we prove that I'm addicted to alcohol? I haven't gone to any doctor and was sentenced to be dependent on alcohol. Until now, I have no medical record of addiction to alcohol.
If addiction to alcohol is rare or very uncommon reason for marriage annulment, what are the preferably accepted case in court for marriage annulment and how do i approve it? Should the medical record already exist before our marriage happened or can I go to a doctor and do checkup to prove I'm a 'addicted to alcohol'?

3. What are the common cases accepted by court for marriage annulment? fraud, biagamy, impotence? For impotence, is it only for male? How to prove my wife or I am impotent when any medical record doesn't exist by now? How and what degree does the court accept it's really impotent? Some doctors may always say 'it's curable, not permanent for the impotence'. If any doctor challenges to say either of us is really impotent, how do we prove it's medically incurable for the impotence??

4. How different in terms of future life of both of us between marriage annulment and uncontested divorce? I told my wife, 'Even if marriage annulment, there still will be a record of marriage annulment, but not sure myself and it doesn't matter'. When she or I marry another or if someone asks, will she or I not say 'I have never married.'? She sounds as she will. But that's not a honest way. How can I persuade her to uncontested divorce if a marriage annulment is not possible?

I'm sure there are some has gone through the similar situation as I face now. Please help me.

Any comment will be appreciated.
 
Last edited:


Zigner

Senior Member, Non-Attorney
It would appear that you do not qualify for an annulment.

See the following site for more information:
(This is not an endorsement, just the site that popped up on Google)

http://www.divorcenet.com/resources/annulment/annulment-basics/new_jersey
 

single317dad

Senior Member
The biggest hurdle here is likely the fact that the couple remained together for significant time after the wife discovered whatever "fraud" she'll claim.

If she refuses to handle this properly, just go file for divorce on your own. You'll eventually be granted a divorce, even against her wishes.
 

terrybn59

Junior Member
I already read the ground for marriage annulment of New Jersey court. The link doesn't specifically say, but there's 'intoxication' which includes intoxication to alcohol and if a partner was not presented with the information before marriage, it can be fraud or lie. However, as I have gone through reading, I couldn't find any successful case where marriage annulment was given to the case.
If any lawyer is reading this post, please advise. What is the rate of successful rate of filed marriage annulment cases? Any way to get marriage annulled and make my wife satisfied at least?
 

LdiJ

Senior Member
I already read the ground for marriage annulment of New Jersey court. The link doesn't specifically say, but there's 'intoxication' which includes intoxication to alcohol and if a partner was not presented with the information before marriage, it can be fraud or lie. However, as I have gone through reading, I couldn't find any successful case where marriage annulment was given to the case.
If any lawyer is reading this post, please advise. What is the rate of successful rate of filed marriage annulment cases? Any way to get marriage annulled and make my wife satisfied at least?
I really don't think that you have any reasonable shot at an annulment even if you both cooperate 100%. Is there a particular reason why an annulment is important to your wife? Is it a religious issue? In some religions its possible to get a religious annulment even if you have a secular divorce.
 

cbg

I'm a Northern Girl
This is not my area of expertise but as I understand it, for an annulment to be granted on the basis of your dependency on alcohol, you would have had to have already been diagnosed by a doctor prior to your marriage, and concealed that diagnosis from her.

Annulment may not be a possibility.
 

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