QUESTION

divorce or nullification?

Asked on Jun 30th, 2015 on Divorce - Massachusetts
More details to this question:
Hello, I have been married for a year, my husband and I couldn't have a normal marriage because he has a medical condition, reason why I never wanted to start an immigration process for the green card. Now I would like yo know if should we get divorce or file paper for nullified the marriage. Thank you
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1 ANSWER

While Massachusetts law allows for annulments, the reason to grant annulments are limited to certain grounds.  The following grounds are recognized in NH 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 Jun 30th, 2015 at 1:19 PM

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