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How To Get an Annulment in MA

You may qualify for an annulment if you can show one or more of the following:

  • You entered the marriage in good faith, but at the time of the marriage, you were induced to enter into the marriage through fraud perpetrated by your spouse
  • The marriage is void by reason of incest, consanguinity, affinity, or polygamy
  • Either you or your spouse did not have the mental capacity to consent to the marriage
  • Either you or your spouse cannot physically engage in sexual intercourse
  • Either you or your spouse was not old enough to get married (at least 18 years old)

There are a few of the above that needs clarification.

If you are alleging that there was fraud in the inducement of marriage, the fraud that you’re claiming must go to the “heart of the marriage.” This means that a trivial issue cannot be the basis of an annulment.

Your marriage is void by reason of incest, consanguinity, or affinity.  This means that there are certain close relatives that you may not marry by law.  You may not marry your grandparents, step-grandparents, parents, step-parents, brothers, sisters, nieces, nephews, children, or grandchildren.  You also cannot marry your spouse’s parents, grandparents, children, and grandchildren.  There are certain odd exceptions so check with your attorney if you feel you might have an issue.

I often get calls from people asking if they can obtain an annulment because “we’ve only been married for x number of days.” Notice that in the above list, the length of marriage is not a factor in an annulment.  If you were married even for 1 day, and if there are no other reasons to void your marriage in the list above, then you must obtain a divorce.

 

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