There are two legal routes to terminate a marriage – (1) Annulment or (2) Divorce. Divorces are much more common and sought out significantly more often than annulments. For perspective, our office has handled hundreds if not thousands of divorces but only a dozen or so annulments.
What’s the Difference?
The difference between seeking an annulment and a divorce hinges on whether the marriage is void or voidable. Marriages that are void or voidable may go through the annulment process, whereas in a divorce, the parties acknowledge the marriage’s existence but no longer wish to remain married. There are only a handful of grounds that may entitle you to an annulment in Massachusetts.
Void and Voidable Marriages
A void marriage is one that was not legal in the first instance and is therefore not recognized by the state as a valid marriage, whereas a voidable marriage is one where you were not legally allowed to marry at the time the marriage occurred but the state allows the parties to decide whether to remain married or not.
Reasons for a marriage to be found void include:
- Bigamy wherein one of the parties was already married to someone else; and
- Incest.
Reasons a marriage can be found voidable include:
- Lack of mental capacity to consent at the time of the marriage;
- Due to drunkenness or
- Due to mental incompetence
- Impotence;
- One of the parties was a minor at the time of the marriage; and
- Fraud.
Obtaining an Annulment in Massachusetts
In Massachusetts, G.L. c. 207, § 14 governs annulments and allows for parties who are unsure of their marriage’s validity to institute an action to annul the marriage or affirm it. Either action is commenced in the same manner as an action for divorce, as appropriate. Upon receiving proof of either the nullity or validity of the marriage, the Court shall issue a judgment wherein they either affirm the marriage or declare it void.
What are the parties entitled to?
Divorce requires the division of marital property which includes assets such as realty, tangible personal property like furniture and motor vehicles, retirement accounts as well as liabilities and determining spousal and child support if applicable. Annulment, since it is not a valid marriage to begin with, does not entitle either party to the division of marital property and spousal support. However, child support and custodial arrangements are available to parties regardless of whether a relationship ends in annulment or divorce via a paternity action.
For more information on annulments in Massachusetts, visit the Commonwealth’s government website.