The decision to get married is often seen as a significant milestone in a couple’s life, a promise to love and cherish each other forever. However, not all marriages go according to plan, and couples may find themselves seeking ways to end their marital bonds. In Massachusetts, couples have two options: divorce or annulment.
While divorce is a term commonly known to many, annulment remains unfamiliar to the majority. An annulment is a legal procedure that declares a marriage null and void, as if it never took place. It differs from a divorce, and there are specific requirements that must be met for an annulment to be granted. In this article, we will delve into the grounds for annulment in Massachusetts.
What Is An Annulment?
An annulment in Massachusetts refers to a legal process that declares a marriage null and void, erasing any trace of its existence. Unlike divorce, an annulment obliterates the marital bond completely.
Grounds For Annulment In Massachusetts
Within Massachusetts, certain grounds exist for an annulment to be pursued. These grounds encompass the following:
Lack Of Capacity
One of the primary grounds that may warrant an annulment in Massachusetts is if one of the parties lacked the capacity to enter into the marriage. This implies that the individual did not comprehend the significance of their actions or was unable to provide consent. Mental illness, intoxication, or being under the influence of drugs are factors that can contribute to this lack of capacity.
Fraud
Fraudulent intent can also serve as a ground for annulment in Massachusetts. If one of the parties entered into the marriage with deceptive intentions, such as concealing pertinent details about their finances, employment, or criminal history, an annulment may be granted.
Coercion
If one of the parties was coerced into the marriage, it can be grounds for annulment in Massachusetts. Coercion can manifest itself through physical force, threats, or any form of intimidation that compels an individual to enter into marriage against their will.
Unconsummated Marriage
In Massachusetts, an unconsummated marriage can constitute grounds for annulment. This implies that the couple has not engaged in sexual relations since the marriage took place.
Consanguinity
Consanguinity serves as another legal ground for annulment in Massachusetts. It refers to a close familial relationship that prohibits marriage. For example, marriages between siblings or an aunt and nephew would be considered invalid due to consanguinity.
Bigamy
If one of the parties entered into a second marriage without obtaining a divorce from their previous spouse, annulment may be granted based on the grounds of bigamy.
Filing For Annulment In Massachusetts
Couples seeking an annulment in Massachusetts must complete the requisite paperwork and satisfy the requirements outlined for the specific grounds they are claiming. Along with the documentation, it is crucial to provide supporting evidence that substantiates their allegations. To navigate the process successfully, it is advisable to consult an experienced divorce attorney well-versed in the annulment proceedings in Massachusetts.
Conclusion
An annulment is a legal mechanism that declares a marriage null and void, erasing any trace of its existence. The grounds for annulment in Massachusetts include lack of capacity, fraud, coercion, unconsummation, consanguinity, and bigamy. When contemplating an annulment, it is crucial to enlist the guidance of a skilled divorce attorney familiar with the intricacies of the annulment process in Massachusetts.