QUESTION

Can an unconsummated marriage be annulled in Massachusetts?

Asked on Jan 18th, 2015 on Divorce - Massachusetts
More details to this question:
I've been married a little over a year, and we have not consummated the marriage yet. Can I get an annulment based on that, or do I need to file for divorce?
Report Abuse

1 ANSWER

While Massachusetts law allows for annulments, the reason to grant annulments are limited to certain grounds.  The following grounds are recognized in MA to annul a marriage: 1) incest; 2) bigamy- one or both spouses where legally married to another person at the time of the marriage; 3) married before reaching the age allowed by law; 4) marriage that did not follow requirements of state law (i.e. no marriage license or not solemnized before appropriate official); 4) fraudulent representation of something essential to the marriage relationship. making impossible the performanc of the duties and obligations of the marriage.  If you file for annulment and the court does not find sufficient cause to establishment an annulment, then you will still need be married and will need to file for divorce.  It is important that you make sure your grounds are strong before deciding how to act.  I have found annulments on fraud grounds to be difficult to establish, while annulments on bigamy to be somewhat easier.  Many thanks,  KevinP. Rauseo, Esquire.
Answered on Jan 22nd, 2015 at 12:45 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters