Armstrong Law, P.C.

What are the requirements for an annulment?

An annulment may seem like an easier option to a divorce if you and your newly-wedded spouse get cold feet after the rings are on your fingers. Yet annulments are complicated, and not simply an easy way to take back a legally binding marriage to avoid the complications and hassles of divorce. So who can get an annulment in Massachusetts, and what are the requirements?

Per, in order for your marriage to qualify for an annulment, it must be either void or voidable. These are actually two different statuses; a void marriage is one that already has no legal standing due to the circumstances inherent, while a voidable marriage is one in which the circumstances inherent make it viable for the courts to remove legal standing. Under only two conditions is a marriage already void and annulled by default: if you have unknowingly married a close relative or close relative by incest, or if one party in the marriage was already involved in a legally binding marriage and the other party did not know.

Voidable marriages can be annulled for a few additional reasons. One reasons is a spouse's lack of mental capacity to consent, due to alcohol or legal illness. Another voidable reason is an underage partner, and still another is a partner incapable of sexual intercourse. The last reason is that the marriage took place under fraudulent premises, whether two people married for material gain or one person entered into the marriage for deceptive purposes with the intent to defraud the other. Under these circumstances, you may petition for an annulment.

This is an informational blog and should not be used as legal advice.

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