Key Takeaways
- Annulment invalidates the marriage retroactively; divorce ends a valid marriage going forward.
- Grounds for annulment include bigamy, fraud, or duress; divorce allows no-fault claims.
- Timelines vary. Divorces finalize in 3 to 12 months while annulments may take 6 to 18 months.
- Annulments affect property division and spousal support differently.
- Children remain legitimate in both processes.
- Legal advice is very important, because errors in claiming annulment can end with your case being dismissed.
The key difference between annulment and divorce in Massachusetts is that an annulment declares the marriage was never legally valid, while a divorce ends a valid marriage.
That distinction (never existing rather than being ended) affects everything from property rights to child custody.
- Annulment erases the marriage as if it never existed, which could affect everything from spousal support to inheritance rights and even marital tax filings.
- On the other hand, divorce recognizes the marriage as legally valid and proceeds to divide property and assign responsibilities.
If you’re not sure which fits your situation, get Massachusetts family law guidance early to avoid missteps.
What Makes a Marriage Eligible for Annulment in Massachusetts?
A marriage is eligible for annulment in Massachusetts if it is either void from the start or voidable based on specific legal grounds.
- Void marriages include bigamy or incest and are never legally valid.
- Voidable marriages involve fraud, duress, coercion, or mental incapacity and require court action to be annulled.
For example, an underage marriage without parental or judicial consent is voidable. Fraud-based annulments must generally be filed within 1 to 5 years of discovering the fraud. Proving eligibility requires clear evidence, like witness statements or medical records.
In all cases, it’s important to have a professional legal assessment to avoid having your petition denied. Learn more about how annulment differs from the Massachusetts divorce process.
What Are the Grounds for a Void Marriage?
Grounds for a void marriage in Massachusetts include bigamy and incest (consanguinity), making the marriage illegal from the start.
These marriages are considered invalid under Massachusetts General Laws Chapter 207 Sections 1 to 3 and can be challenged at any time. There is no need to go to court. However, while not legally necessary, a court declaration can confirm the marriage’s invalidity for records or benefits. Note that 0 to 100% of such cases are granted if proven.
Documentation proving the prior marriage or familial relationship is central here, but gathering that information can be challenging. If you’re in a potentially void marriage, a lawyer can help gather and present the required evidence.
How Does Bigamy Affect Marriage Validity?
Bigamy, or marrying someone while still legally married to another person, means that the second marriage is void in Massachusetts.
Note that bigamy is also a criminal offense. Many bigamy cases surface 1 to 10 years after the marriage when documentation conflicts surface (conflicting tax records, beneficiary designations, property deeds, etc.). If left unaddressed, a prior marriage will affect inheritance, property, and legal benefits. Annulment clears the record and prevents ongoing legal complications.
Contact an experienced lawyer immediately if you suspect bigamy.
What Are the Grounds for a Voidable Marriage?
The grounds for a voidable marriage in Massachusetts include coercion, fraud, undisclosed impotence, or intoxication at the ceremony.
These marriages are initially valid but can be declared invalid by court order. If both parties continue the relationship after learning of the issue, the marriage may be considered ratified.
Timelines for challenging fraud or coercion are typically 4 to 6 years from the point of discovery. Evidence like affidavits, therapy records, or communications is important, too.
Given the high burden of proof, self-filing is risky.
Working with an experienced attorney to review your situation is highly recommended.
What Are the Grounds Required for Divorce in Massachusetts?
Massachusetts allows both no-fault and fault-based grounds for divorce, with the majority based on no-fault irretrievable breakdown of the marriage.
About 80 to 90% of Massachusetts divorces are filed as no-fault to simplify the process. Meeting the high bar set for at-fault divorces is time-consuming and more than a little challenging. Fault-based grounds include adultery, cruelty, desertion, and substance abuse. Fault claims require evidence and can extend proceedings by 6 to 12 months.
Not sure which is right for your situation? A family law attorney can help determine whether a no-fault or fault-based approach is better for your case.
Is No-Fault Divorce Easier Than Annulment?
Yes, no-fault divorce is easier than annulment because it doesn’t require proving wrongdoing or legal defects in the marriage.
Spouses just need to submit a joint petition or sworn affidavit stating the marriage has irretrievably broken down. Timelines for divorce range from 3 to 12 months depending on agreement level.
In comparison, annulment often involves court hearings and presenting evidence, especially if the annulment is contested. That said, both processes are emotionally and legally complex. An experienced attorney can reduce the stress involved and avoid delays.
How Does the Process for Annulment Work in Massachusetts?
The process for an annulment in Massachusetts requires that you file a Complaint for Annulment in the Probate and Family Court and prove legal grounds at a hearing.
Court fees usually run from $200 to $300. After filing, the other spouse is served, and a hearing is scheduled. Timelines are pretty case-specific but usually fall between 4 to 8 months. The court will require evidence supporting your claim (you have to prove fraud, coercion, or legal invalidity). If the court denies your request, you may have to file for divorce instead.
Learn how this process compares to contested trials in Massachusetts.
What Documents Are Needed to File for Annulment?
To file for annulment, you need a marriage certificate, an affidavit outlining the grounds, supporting evidence (think texts, emails, and medical or legal records), and a financial statement.
You also need to formally serve your spouse. In most cases, you’ll need between 5 and 15 documents, depending on the complexity. Missing or incorrectly filed paperwork can delay or derail the case. An experienced attorney can make sure your documents are complete and accurate. ally takes a relatively significant change for the court to order a modification plan. Not sure if your change in circumstances warrants a plan modification?
How Does the Divorce Process Differ in Massachusetts?
Divorce in Massachusetts differs from annulment in that you’ll need to start by filing a complaint (joint or individual), may involve a separation agreement, and can require a court hearing if it’s contested.
No-fault divorce has no waiting period and finalizes after a 90-to-120-day nisi period. Unlike annulment, divorce doesn’t require proof of invalidity. Costs range from $500 to $5,000 depending on whether the case is contested.
However, while usually easier than annulment, DIY divorces can be challenging. That’s particularly true when it comes to asset division. Explore the Massachusetts divorce timeline to understand each step.
What Are the Impacts on Property Division in Annulment vs. Divorce?
In annulment, there is no division of marital property because the marriage is treated as if it never existed, so assets generally return to their original owners.
Divorce follows equitable distribution under Massachusetts General Laws Chapter 208 Section 34, meaning assets are divided fairly (often 50-50) based on contributions and needs. Children remain legitimate regardless of annulment. In high-asset or disputed cases, valuation and documentation are central.
Experienced guidance helps you avoid unfair outcomes.
How Is Property Treated If the Marriage Never Existed?
Because annulment means the marriage legally never existed, property is usually returned to its original owner within the marriage.
When a marriage is annulled, courts apply restitution principles to return each party to their pre-marriage financial/property ownership status.
Assets are traced back to original ownership, with joint acquisitions divided fairly based on the contributions of each spouse. Complex tracing appears in roughly 10 to 30% of annulments, especially where shared purchases or commingled funds are involved (you have a joint bank account and/or bought a car or home together). A lawyer can help with documenting and arguing for appropriate distribution.
What Role Do Children Play in Annulment vs. Divorce Cases?
Children from annulled marriages are legally legitimate, and custody and support are handled the same as if you were going through a divorce.
Massachusetts courts use guidelines that usually allocate 20 to 35% of the non-custodial parent’s income for child support (depending on the number of children and whether there are any other support orders active).
Parenting plans also need to be developed. They’ll how you’ll handle visitation, holidays, and decision-making. Note that child-related outcomes have long-term consequences, so it’s important to consider mediation or legal representation.
Learn more about parenting plans in Massachusetts.
What Are the Benefits and Drawbacks of Choosing Annulment Over Divorce?
Benefits of annulment include religious acceptance, no divorce stigma, and the legal erasure of a bad union; drawbacks include having to provide substantial evidence and no spousal support.
Annulments make up just 1 to 5% of all marital dissolutions because they’re not easy to get. While annulment may offer a clean break for some, the process is often very complex and less likely to succeed than just filing for divorce.
Divorce may be simpler and give you more protection of your financial rights.
Before deciding, talk to a lawyer about your situation and review common divorce mistakes in Massachusetts.
Is Annulment Faster or Easier Than Divorce?
Annulment is not necessarily faster or easier than divorce because proof requirements often make it more time-consuming.
Uncontested divorces can resolve in 1 to 3 months, while contested annulments may take 6 to 18 months. On top of that, annulment is suitable in specific cases and requires documentation and legal arguments. Not sure which is the right path for you? An experienced attorney can help.
Frequently Asked Questions
Can you get an annulment after being married for several years in Massachusetts?
Yes, but timing matters. Fraud or coercion must typically be discovered within 1 to 5 years, or the right to annul may be lost.
Is an annulment cheaper than a divorce in Massachusetts?
Not necessarily. Annulments can be more expensive due to hearings and evidence gathering, especially if contested.
What happens to children if a marriage is annulled in Massachusetts?
Children are still considered legitimate. Custody and support decisions follow the same standards as in divorce.
Can you remarry immediately after an annulment in Massachusetts?
Yes. Once an annulment is granted, your marital status is legally restored to single.
Does annulment affect immigration status differently than divorce in Massachusetts?
It can. Immigration authorities may scrutinize annulments more closely, especially if they question the marriage’s validity. Seek immigration and family law counsel together.
Michelle Murray has devoted her practice exclusively to family law matters, focusing her efforts on assisting clients through divorce, custody, property division, child support, spousal support, and visitation issues throughout Worcester County.