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What Are the Grounds for a Marriage Annulment?

On Behalf of | Sep 5, 2019 | Firm News

In the state of Massachusetts, there are two ways for a couple to annul a marriage. You must either prove the marriage is voidable or was void to begin with.

Void Marriages

If you and your partner were never legally allowed to be married in the first place, the state will void your marriage.

There are only two reasons a couple can void their marriage, which are:

  1. Bigamy: One of you was already married to someone else. If the pair of you entered into the marriage with the knowledge that one (or both of you) was already married, you must request a divorce.
  2. Incest: Incest, consanguinity, or affinity is when close relatives marry each other. Examples of close relatives include: grandparents, parents, brothers, sisters, nieces, nephews, children, or grandchildren.

Voidable Marriages

If you and your partner were not legally permitted to marry, but the state could allow you to remain married anyway, your marriage is voidable.

Your marriage can be voidable if:

  1. Limited mental capacity: one (or both) spouses either has a mental handicap that makes them unable to consent to situations on their own or were under the influence of a substance.
  2. Limited physical capacity: the spouses are not physically able to consummate the marriage.
  3. Underage: one (or both) spouses are under the legal age to be considered a consenting adult.
  4.  Fraud: one spouse deceives the other to get something out of them by way of marriage.

If one spouse is asking for the marriage to be annulled and the other doesn’t agree, the spouse who doesn’t agree can request to affirm the marriage. Doing so will ask the court to declare that you’re still married.

Barach Law Group LLC – Qualified Representation for Annulments

We understand sometimes marriages should not have occurred to begin with. Our annulment attorneys are trustworthy, honest, and can quickly help you get your life back on track.

Contact our firm online or give us a call at 617-819-1805 for a legal consultation.