What type of relief can a family court grant in an annulment case?
In addition to nullifying the marriage, the court has the authority to make an award of custody of any children born to the parties, as well as order the payment of child support and related relied. The court may also award either party temporary, permanent and/or rehabilitative alimony. N.J.S.A. 2A:34-23. Notwithstanding the foregoing, the family court does not have the authority in annulment cases to enter a judgment for the equitable distribution of property. Equitable distribution can only be awarded in a divorce case. The scheme for distributing property in annulment case is that all property is retained as same may by individually titled. If real estate is held jointly, then there is rebuttable presumption that the parties hold title as tenants in common and share ownership equally.
