A short marriage does not automatically qualify for an annulment. In Massachusetts, the choice between annulment vs. divorce turns on one question: was there a legal defect in the marriage from the very beginning? If there was, an annulment may be available. If not, divorce is the way to end the marriage. This guide explains the difference for people in Reading and throughout Middlesex and Essex Counties.
Key Takeaways
- An annulment declares that a marriage was never legally valid. A divorce ends a valid marriage.
- You must prove a recognized legal ground, such as bigamy, a prohibited family relationship, fraud that goes to the essence of the marriage, duress, or lack of capacity.
- How long the marriage lasted does not matter on its own. A marriage of a few weeks still needs a legal ground to be annulled.
- Children keep their legal rights. The Probate and Family Court can still decide custody, parenting time, and child support after an annulment.
- A religious annulment does not end a civil marriage under Massachusetts law.
What Is the Difference Between Annulment and Divorce?
A divorce ends a marriage that was legally valid. In Massachusetts, most divorces are filed on no-fault grounds, an irretrievable breakdown of the marriage, and the court can grant a divorce even if the other spouse does not agree. See our overview of divorce in Massachusetts for how that process works.
An annulment is a court ruling that the marriage was invalid from the start. Instead of asking the court to end the marriage, you ask the court to declare that a legal marriage never existed. That means the case focuses on the facts at the time of the wedding, not on what went wrong later.
When Can You Get a Marriage Annulled in Massachusetts?
Void Marriages
Some marriages are void, meaning the law never allowed them in the first place. The most common examples are:
- Bigamy: one spouse was still legally married to someone else at the time of the wedding.
- Prohibited family relationships: the spouses are closely related in a way Massachusetts law forbids.
Even when a marriage is void, a court judgment declaring it so gives both parties a clear public record of their marital status.
Voidable Marriages
Other marriages are voidable. They are treated as valid unless and until a court annuls them. Grounds can include:
- Lack of capacity: a spouse could not understand or consent to the marriage at the time of the wedding.
- Duress: a spouse was forced into the marriage.
- Fraud: the fraud must go to the essence of the marriage. Ordinary lies about money, background, or personality are generally not enough.
- Inability to consummate: a physical inability the other spouse did not know about when they married.
- Underage marriage: Massachusetts now requires both spouses to be at least 18 years old to marry (M.G.L. c. 207, § 7). Marriages involving a minor that took place under older rules or in another state raise separate questions that should be reviewed with a lawyer.
Timing and conduct matter. For example, continuing to live together as spouses after discovering a fraud can weaken an annulment claim.
Short Marriages
A short marriage, by itself, is not a ground for annulment. If you married recently and want out, but none of the grounds above apply, divorce is the legal route. Many short marriages with few assets and no children can be resolved quickly through an uncontested divorce.
Civil vs. Religious Annulment
A religious annulment is decided by a religious body and affects your standing within that faith. It does not change your legal marital status. Only the Probate and Family Court can annul a marriage under Massachusetts law. Some people pursue both: a civil divorce or annulment for legal purposes and a religious annulment for religious purposes.
How Do Annulment and Divorce Affect Children?
Children's rights do not disappear when a marriage is annulled. Children born during an annulled marriage are not considered illegitimate, and the Probate and Family Court can make orders about custody, parenting time, and child support just as it would in a divorce. Learn more about custody types in Massachusetts and how child support is calculated.
What About Property and Support?
Property and support can be handled differently in an annulment than in a divorce, and the outcome depends heavily on the facts of each case. If you have significant assets, a home, or retirement accounts, talk with a lawyer before choosing a path, because the choice can affect what you keep and what you owe.
How Do You File for an Annulment in Massachusetts?
- File a Complaint for Annulment in the Probate and Family Court in the proper county. The complaint must state a legal ground, not simply that the relationship ended.
- Serve your spouse with the complaint and summons.
- Gather evidence tied to the ground you are claiming, such as records of a prior marriage, medical evidence, or witness testimony.
- Attend a hearing. Expect to testify under oath. The judge decides whether the evidence proves a recognized ground.
Your spouse can oppose the annulment and ask the court to treat the marriage as valid. If the court denies the annulment, you can still file for divorce. Because an annulment depends on proof, it is often not faster or simpler than a divorce.
Talk to a Reading, MA Family Law Attorney
The Law Offices of Matthew T. Desrochers, P.C. helps clients in Reading and throughout Middlesex and Essex Counties decide whether annulment or divorce fits their situation, and then handles the case in the Probate and Family Court. Learn more about our divorce and family law services, call (781) 279-1822, or contact us online to schedule a consultation.
Frequently Asked Questions
What is the difference between annulment and divorce in Massachusetts?
An annulment declares that a marriage was never legally valid. A divorce ends a marriage that was valid. Both are handled by the Probate and Family Court.
What are the grounds for annulment in Massachusetts?
Common grounds include bigamy, a prohibited family relationship, lack of capacity to consent, duress, fraud that goes to the essence of the marriage, and an undisclosed inability to consummate the marriage.
Can I get an annulment because my marriage was short?
No. The length of the marriage alone is not a ground for annulment. You must prove a legal defect that existed when you married.
What do I have to show the judge to get an annulment?
You must present credible evidence, usually including your own testimony, that a recognized legal ground existed at the time of the marriage.
Does an annulment affect custody or child support?
Children keep their legal rights. The court can still decide custody, parenting time, and child support after an annulment.
Is a religious annulment enough to end my marriage?
No. A religious annulment does not change your legal status. Only a Massachusetts court can annul or dissolve a civil marriage.
This article provides general information about Massachusetts law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; contact an attorney about your specific situation. Attorney Advertising.