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Family Law: Annulling a Marriage
When the validity of a marriage is doubted, Massachusetts has a special statute, mgl c. 207, Section 14, for what is called the "annulment" of a marriage. An annulment is different from a divorce because it does not dissolve the marriage, rather it declares judicially that no marriage ever existed. Annulment makes the marriage void ab initio, that is, void from the beginning.
However, given the importance of the institution of the marriage, annulments are not easily allowed by the courts. The statutes and the case law require very specific facts which go to one's capacity to marry or to whether the marriage has the essentials of the marriage relationship.
Looking at capacity, intra-family or multiple marriages will be annulled as a matter of law. Similarly, in cases of underage, insanity or idiocy, marriages will be voided on the grounds of incapacity.
The following are traditional grounds for seeking an annulment: when the facts present fraud, impotency, duress, concealment of a pregnancy by another male, or concealment of contagious diseases. An annulment will only be allowed on these grounds when a case is made that the problem goes to "the essence of the marriage relationship." For example, where a spouse concealed from his wife until after the marriage the fact that he married her solely to gain favorable immigration status, the marriage was annulled. The spouse never intended to fulfill the so-called essentials of the marriage, that is, cohabitation, sexual relations, the bearing of children and the like. However, in contrast, where the misrepresentation or concealment by one spouse or the other concerns a spouse's prior life such as their true name or origins, this would not be grounds for annulment.
It is simpler to proceed to obtain a divorce than an annulment. Check with an attorney experienced in family law matters if you have questions about how you should proceed.
The information provided here is given as a general outline on the legal topic selected and should not be construed as legal advice which can only be given by an attorney. If you need an attorney and do not know of one in your area, you can contact the Massachusetts Bar Association's Lawyer Referral Service at (617) 654-0400 in Boston or 1-800-392-6164 from outside the city. For TDD service for the deaf you can call (617) 338-0585.
Masslawhelp is a public service of the Massachusetts Bar Association.Posted on Apr 28, 2000 |
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