Annulments in Massachusetts: When and How?

As a divorce lawyer, I often get asked about annulments in Massachusetts. Annulment is a legal process that declares a marriage null and void, as if it never happened. Unlike divorce, which ends a valid marriage, annulment treats the marriage as if it never existed in the first place. In this blog post, I will explain when and how to get an annulment in Massachusetts.

Grounds for Annulment in Massachusetts

Under Massachusetts law, there are several grounds for annulment, including:

• Fraud or misrepresentation: If one party entered into the marriage based on fraud or misrepresentation, such as lying about their age, identity, or ability to have children, the marriage may be annulled.
• Duress or coercion: If one party was forced or threatened into the marriage, the marriage may be annulled.
• Impotence: If one party is unable to consummate the marriage due to impotence, the marriage may be annulled.
• Consanguinity: If the parties are closely related, such as siblings or first cousins, the marriage may be annulled.
• Bigamy: If one party was already married at the time of the marriage, the marriage may be annulled.

It is important to note that annulment is not available simply because the parties regret getting married or because the marriage was short-lived.

How to Get an Annulment in Massachusetts

To get an annulment in Massachusetts, you must file a complaint in the Probate and Family Court in the county where you or your spouse lives. The complaint must state the grounds for annulment and provide evidence to support those grounds. You must also serve the complaint on your spouse and give them an opportunity to respond.

If your spouse contests the annulment, the court will hold a hearing to determine whether the grounds for annulment exist. If the court grants the annulment, it will issue a judgment declaring the marriage null and void.

Effects of Annulment in Massachusetts

If the court grants an annulment, the parties are treated as if they were never married. This means that they do not have any of the rights or obligations that come with marriage, such as the right to inherit from each other or the obligation to pay alimony. However, if the parties have children together, they may still have to address issues of child custody, visitation, and support.

Conclusion

Annulment is a legal process that declares a marriage null and void, as if it never happened. In Massachusetts, annulment is available on several grounds, including fraud, duress, impotence, consanguinity, and bigamy. To get an annulment, you must file a complaint in the Probate and Family Court and provide evidence to support your grounds. If the court grants the annulment, the parties are treated as if they were never married. If you are considering an annulment, it is important to consult with an experienced divorce lawyer who can guide you through the process.