Complaint for Judgment of Nullity of Marriage — Existing Spouse (New Jersey)

COMPLAINT FOR JUDGMENT OF NULLITY OF MARRIAGE — EXISTING SPOUSE

Before filing: Use this complaint only if a party to the later marriage was still married to another living person when the later marriage occurred. The New Jersey Judiciary's annulment filing guidance lists a summons, Certification of Verification and Non-Collusion, Confidential Litigant Information Sheet, Certification of Insurance Coverage, and certification of notification of complementary dispute resolution alternatives among the filing documents. A self-represented litigant can use the Judiciary's CDR certification, CN 10889. Confirm the current filing set with the Superior Court Family Division and submit the applicable documents with this complaint. This form requests a judgment about marital status; plead any other relief separately on a supported basis.

Plaintiff alleges:

Parties and later marriage

1. Plaintiff is [FULL NAME] and resides at [ADDRESS, COUNTY, STATE]. Defendant is [FULL NAME] and resides at [ADDRESS, COUNTY, STATE OR LAST KNOWN ADDRESS].
2. Plaintiff and Defendant participated in a marriage ceremony on [DATE] in [CITY, STATE]. The marriage record is [IDENTIFY RECORD OR EXHIBIT].
3. The connection of this action to New Jersey and the county named above is [STATE SPECIFIC FACTS].

Existing spouse

4. Before the ceremony in paragraph 2, ☐ Plaintiff ☐ Defendant married [PRIOR SPOUSE'S NAME] on [DATE] in [JURISDICTION]. The prior marriage record is [IDENTIFY RECORD OR EXHIBIT].
5. On the date of the later ceremony, [PRIOR SPOUSE'S NAME] was living and the prior marriage had not been dissolved. The specific facts and records supporting those allegations are [STATE FACTS AND IDENTIFY RECORDS].
6. N.J.S.A. 2A:34-1(1)(a) permits a judgment of nullity when either party had another living spouse at the time of the later marriage. Plaintiff requests a judgment under that provision on the facts pleaded here.

Related matters

7. The parties have [NO CHILDREN TOGETHER / IDENTIFY CHILDREN AND RELATED CASES]. This complaint requests no separate custody, support, property, or other financial order. Any such request must be stated on its own supported basis.

Request for judgment

Plaintiff asks the Court to:

1. Determine whether the prior marriage remained in effect and the prior spouse was living when the later ceremony occurred; and
2. Enter a judgment of nullity of the later marriage under N.J.S.A. 2A:34-1(1)(a), if the evidence supports it.

Respectfully submitted,

Signature: ________________________________________ Date: [__/__/____]

Printed name: [________________________________________]

Address for court notices: [________________________________________]

Telephone: [____________________] Email: [____________________]

Attorney and bar number, if represented: [________________________________________]

Certification concerning other actions — R. 4:5-1(b)(2)

I certify that this matter is ☐ the subject of another pending court action or arbitration ☐ the subject of another contemplated action or arbitration ☐ neither, to the best of my knowledge. For each pending or contemplated matter, identify the forum, parties, docket number if assigned, subject, and status: [DETAILS OR NONE]. Persons not named in this complaint who should be joined because of this matter are [NAMES, ADDRESSES, AND REASONS OR NONE KNOWN]. I will inform the court and other parties if this certification needs updating. I certify that these statements are true; I understand that willfully false statements may be punished.

Signature: ________________________________________ Date: [__/__/____]

Sources and references

• N.J.S.A. 2A:34-1(1)(a)
• New Jersey Judiciary, Divorce filing guidance
• 2026 New Jersey Judiciary opinion quoting R. 4:5-1(b)(2)