Understanding Marriage Annulment in Massachusetts

Under Massachusetts law, a marriage annulment is a court decree declaring a marriage legally invalid. This is essentially different from a divorce, which recognises the existence of a lawful marriage but terminates it. The primary purpose of an annulment is to acknowledge that legal flaws (such as bigamy, incest, fraud, or mental incapacity) deemed the marriage void from the onset.

Either party may file for annulment in the Probate and Family Court, and if the annulment is granted, both parties revert to a single marital status and are free to remarry. However, the grounds for annulment brought before the court must be proven beyond a reasonable doubt before an annulment is granted. The responsibility of establishing the grounds for annulment lies with the petitioner.

Note: While annulments immediately render a marriage null and void, the marriage record may still be accessible in public records.

Grounds for Annulment in Massachusetts

In Massachusetts, marriages must be considered either void or voidable to be eligible for annulment. Void marriages are automatically invalid under Massachusetts law. A marriage is considered void if bigamy was committed, or if both spouses are related within specific degrees.

Voidable marriages, on the other hand, are considered valid unless a court annuls them. Some requirements for a marriage to be considered voidable include mental incapacity, fraud essential to the marriage, inability to consummate the marriage, or if a spouse was underage at the time of the marriage.

Other factors, such as impotence, infertility, or coercion, also constitute grounds for a marriage to be considered voidable, and therefore eligible for annulment. It is important to note that the responsibility of proving these grounds existed at the inception of the marriage is the burden of the party seeking the annulment. Massachusetts’ legal framework ensures that only marriages that were flawed from the outset are annulled.

Eligibility Requirements for an Annulment in Massachusetts

Under Massachusetts State Law (G.L.c. 207, §14), either spouse may initiate the action for annulling a marriage if the validity of the marriage is doubted. Typically, the complaint for annulment is filed in the Probate and Family Court.

In instances where a spouse lacks the mental capacity to file for annulment despite legal grounds for annulment being present, a guardian may file for annulment of the marriage on behalf of the affected spouse. However, the plaintiff must show that the marriage meets the legal requirements for annulment.

When filing for annulment, the case may be filed in the jurisdiction where either spouse lives or the county where both spouses currently reside. If the marriage occurred outside Massachusetts, the following conditions must be fulfilled before a person may file for marriage annulment in the state:

• The plaintiff must have lived in Massachusetts for 5 years before filing for annulment.
• The plaintiff must be a resident of Massachusetts at the time of filing the complaint of annulment and at the time of the marriage.

Civil annulments are governed by state law and are resolved through the Massachusetts Probate and Family Court. Although religious marriage annulments are typically allowed in the state, they are handled by religious institutions and have no legal effect. Only a court-issued civil annulment legally nullifies the marriage.

How to Get a Marriage Annulled in Massachusetts

To get a marriage annulled in Massachusetts, the following steps should be taken:

1. Preliminary preparation: Ensure grounds for annulment are valid, and gather evidence to support annulment grounds.
2. Prepare and file the complaint: File a complaint for annulment (CJD-100) in the county where either spouse lives. Attach required supporting documents like marriage certificates, R408 form, and an affidavit of care and custody (if the marriage produced children).
3. Serve the Petition: The petitioner must serve the respondent with a copy of the petition for annulment, accompanied by a summons to appear in court. The petitioner must also include evidence that the other party was served with the complaint.
4. Wait for a Response: The defendant may file a response to the complaint, either admitting or contesting the grounds for annulment.
5. Attend Court Proceedings: The court holds one or two hearings where both parties present their evidence or testimony to support or refute the grounds for annulment.
6. Adhere to the Court decree: Based on evidence presented, the court makes a decree on the annulment of the marriage. If the court finds the evidence sufficient to satisfy the grounds, it issues a decree of annulment.

Although there is no specified timeline, the entire process takes between 3 and 4 months, depending on county-specific schedules or clerical procedures.

Required Forms and Documentation for an Annulment in Massachusetts

The following documents are basic requirements for a marriage annulment case statewide:

1. Complaint of Annulment (CJD-100): This is the key legal document that starts the annulment process. It states legal grounds for annulment, basic information about the marriage, and compensation being sought (if applicable). This form is usually accompanied by instructions on how to fill it out, which fees must be paid, and which other documents must be attached.
2. Certification of Absolute Divorce or annulment (R-408): This details marital history and demographic information. It is an essential form when applying for annulment in Massachusetts.
3. Financial Statements: This is required to give the court disclosure on how to handle the division of assets or properties during the period of marriage. The Massachusetts official website provides more information on which financial statements to file and how to file financial statements.
4. Marriage certificate: Massachusetts law requires that proof of marriage be presented when filing for annulment.
5. Supporting documents: This may include proof of fraud, medical or psychological evaluations, evidence of bigamy, or any other documentation to prove the grounds for annulment.
6. Affidavit of Care and Custody: This is only required if both parties have children together. The form is available at the courthouse.

The forms and documentation listed above are typically available on the Probate and Family Court page, the Massachusetts Court System’s official website, or at the local Probate and Family Court clerk's office. Some counties may have specific local forms or additional filing requirements; hence, it is advisable to confirm these specifics at the courthouse where the annulment is being filed.

Filing fees may also vary by county or jurisdiction; therefore, it is best to confirm the applicable fees at the local courthouse or clerk’s office.

Where to File for an Annulment in Massachusetts

In Massachusetts, annulments are processed by the Probate and Family Court in the county where either spouse presently resides, or, if not, in the county where the couple last lived together. There is no avenue to file for annulment in a district or superior court, as only the Probate and Family Court has jurisdiction over annulments in Massachusetts.

Note that if neither spouse currently resides in Massachusetts, the court may accept the case only if the marriage and the grounds for annulment occurred in the state. Otherwise, the annulment must be filed in a state where either spouse currently resides.

Although basic rules for filing annulments apply statewide, local Probate and Family Courts may have slightly different filing procedures, fees, required documents, or scheduling processes. To gain clarity about the processes that specifically apply to you, more information may be obtained at the local court.

Here’s a list of all the court locations in Massachusetts: Probate and Family Courts

Annulment Timelines and Waiting Periods in Massachusetts

Under Massachusetts law, there is no state-imposed waiting period for annulments. However, the timeline between the initial filing of a complaint for annulment and the court’s final decree may vary based on the following factors:

• Court backlog,
• Court scheduling,
• Completeness of paperwork,
• Terms requested in the annulment,
• Strength and clarity of evidence presented
• Child custody and property division arrangements,
• Whether the other party contests the annulment.

Costs and Court Fees for an Annulment in Massachusetts

In Massachusetts, the following fees usually apply to marriage annulments:

1. Court filing fees: The basic filing fee for a complaint of annulment is $200. However, surcharges may also apply to the court register, separate citations, and summons.
2. Service costs: This refers to the cost of serving the other spouse with the complaint. Typically, this is done by a sheriff or constable, and the fees may vary by county.
3. Attorney fees: Depending on the complexity of the case and the level of expertise required, these fees may range from a few hundred to thousands of dollars. Self-representation is possible for annulment in Massachusetts, and works best for simple, uncontested cases. However, it is often advisable to engage a legal practitioner if the annulment is contested or becomes complex.

Massachusetts has fee waivers in place for court costs. A person may qualify for the waiver if:

• They receive public assistance through programs such as MassHealth and Veterans’ Benefits.
• Paying court fees would deprive the individual and their dependent(s) of basic necessities (eg, food, clothing, shelter).
• Income after taxes is no more than 125% of the federal poverty line.

It is important to note that the waiver only applies to court filing fees, surcharges, service costs, and copies or certified documents. Attorney fees are not eligible for waivers.

To apply for a fee waiver, applicants must fill out the affidavit of indigency form.

After the Annulment: What Happens Next?

Once an annulment is finalised in Massachusetts, the following effects(legal and practical) occur:

• Both parties’ marital status legally reverts to single.
• Assets and property acquired during the marriage are subject to property division laws.
• Marriage records still exist, but hold no legal ground.
• Individuals are free to regain use of their former names before the wedding.
• Both parties are free to remarry immediately after an annulment.

However, issues of child custody and support are handled as they would be in cases of divorce proceedings. Massachusetts law still regards children of annulled marriages to be legitimate unless the marriage was incestuous.