Archives for January 2016

Torn Photo of married coupleIf your marriage is over, you can always file for divorce. But what about an annulment? What is an annulment and when is it an option?

What is an Annulment?

Technically, an annulment is a process that takes the parties back to before the marriage ostensibly took place—an annulment effectively cancels the marriage, legally concluding that there was no marriage. If the parties have any property, it goes first to the person who had legal title to the property. For jointly owned property, or for property which carries no title and which cannot be determined to be owned by one or the other, the property will be equally divided. If there are children, both parents retain parental rights.

When Can a Marriage be Annulled?

In New Jersey, there are a number of legitimate grounds for an annulment:

  • Age—If one or both of the parties were under the age of 18 at the time the marriage ceremony took place, either party can annul the marriage
  • Duress—If either one of the parties entered into the marriage as a result of a threat of physical violence, that party threatened may seek an annulment
  • Mental incapacity—If either lacks the ability to understand that he or she was married, or what marriage is, it can be annulled
  • Bigamy—If either one of the parties was already married at the time the ceremony took place, it is not legally binding
  • Impotence or infertility—If either party knew that he/she was impotent or infertile, and did not disclose that knowledge
  • , the other party may seek an annulment

  • Familial relationship of parties—If the parties are too closely related, as defined in New Jersey law, they cannot get married and any attempt to do so will be annulled
  • Fraud or misrepresentation—If one of the parties misrepresents or lies about a material element of the marriage—the desire to have children, status as an illegal immigrant, addiction, religious affiliation or belief, pregnancy—that can be the basis for an annulment

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing injured workers across New Jersey. For a free initial consultation, /contact-us/ or call us at 856-200-8989.

Under New Jersey law, you can name your health insurance provider as your PIP (personal injury protection) option for medical care in the event of a motor vehicle accident. If you do, that company will be the primary source to pay for any medical treatment required in an accident.

Choosing your health insurance company as primary provider in the event of a motor vehicle accident can minimize the total amount that you have to pay in insurance premiums, but there can be consequences to making that decision. Before you opt to designate your health insurance provider as your PIP option, you should consider the following issues:

  • Are you currently insured through Medicaid or Medicare? Under Medicaid and Medicare provisions, you cannot select either one as your primary provider for a motor vehicle accident. Medicaid and Medicare will only pay benefits if you have exceeded the PIP limits of liability on your auto policy.
  • Are motor vehicle accident injuries excluded from coverage on your health policy? Some health insurance policies specifically exclude any injuries sustained in a car accident. Check with your insurer.
  • Be certain you know deductibles, co-pays, limits and pre-certification requirements of your health insurance policy—Certain procedures may require pre-certification to qualify for reimbursement. In addition, any deductibles or co-pays apply to motor vehicle accident injuries.
  • What happens if your health insurance is terminated? You can look to your auto insurance provider if that happens, but you will have an additional $750 deductible that you’ll have to meet before you get reimbursement.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.