Online divorce in Massachusetts

Annulment of the marriage in Massachusetts

Couples may want instead of divorce in Massachusetts to obtain annulment for various reasons: both social and religious. However, in order to cancel the marriage, it is necessary that at least one of the following conditions is met:

• The spouses are related closer than first cousin, or the spouse of a close relative;
• One spouse had a living husband or wife at the time of marriage;
• If one of the spouses fraudulently forced the second spouse to marry. For example, a wife lied to her husband that she was pregnant with him, manipulating him to marry her. Or if the husband entered into marriage only in order to obtain an immigration status;
• One spouse is impotent;
• One of the spouses had a contagious disease before marriage and did not inform the second spouse about it. for example, one of the spouses had an indistinguishable venereal disease, while the parties in marriage had not yet entered into sexual intercourse;
• One of the spouses was not mentally competent at the time of the marriage ceremony and could not voluntarily consent to marry;
• One of the spouses did not come of age at the time of marriage. Although if, at the same time, he or she had permission from the custodian in writing form to conclude a marriage, then such marriage is not subject to annulment;

The most important condition for annulment should be that the interested person have not cohabited with the spouse since the moment the interested person learned that one of the above reasons exists in the marriage. If the interested person decides that the marriage should be canceled, then he or she needs to file a special form in court, which is called a "Complaint for Annulment", after which the interested person should provide copies of documents to the spouse.

After the court revokes the marriage, it can still decide on the custody of children and in financial support. In spite of the fact that annulled marriage never has legal force, children born in this marriage are considered legitimate, unless it is an incestuous marriage. Thus, the court will decide on the custody of a minor child, if any existed in the marriage. And also a decision on his or her financial support. Courts also have the right to consider questions regarding the division of joint property.