Divorce vs. Annulment in Massachusetts: Understanding the Key Differences

Most people are familiar with the terms “divorce” and “annulment,” but not many people know the legal distinction between the two. While both result in the dissolution of a marriage, there are key differences between divorce and annulment that can help you make an informed decision when considering ending your marriage.

What is a Divorce?

In Massachusetts, a divorce is the legal termination of a valid marriage. Divorce is typically granted based on the grounds of irretrievable breakdown of the marriage. A divorce legally dissolves the marriage and addresses important matters such as: Division of Property and Assets, Child Support, Custody/Parenting Time, and Alimony.

A divorce in Massachusetts does not require a formal reason or specific cause for the breakdown of the marriage, making it the preferred option for most couples seeking to terminate their marriage.

What is an Annulment?

An annulment, on the other hand, is a legal declaration that the marriage was never valid in the first place. Many people might be familiar with the idea of an annulment in a religious context, but not know that annulment is a legal remedy as well. Unlike a divorce, which acknowledges the existence of a marriage and ends it, an annulment essentially erases the marriage from a legal standpoint, as if it had never taken place.

In Massachusetts, an annulment may be granted only in very limited circumstances, including Bigamy, Marrying a Close Relative, Inability to Consent due to capacity or intoxication, inability to physically consummate the marriage, Young Age (18 unless permitted by the party’s parents and the Court), or fraud that goes to the heart of the marriage itself.

Key Differences Between Divorce and Annulment in Massachusetts

• Divorce: In Massachusetts, you can file for divorce for irretrievable breakdown of the marriage or on fault grounds (such as adultery, abuse, or abandonment). The reason for the breakdown of the marriage is considered during the proceedings but does not necessarily need to be proven. 
• Annulment: Annulment can only be granted for specific reasons, including fraud, lack of consent, impotence, or bigamy. There must be a legal reason why the marriage was never valid. Even if the parties are in agreement that they would like an annulment, the Court still has to make specific factual findings that the marriage can be annulled.

Effect on the Outcome of Your Case

Whether parties seek to terminate their marriage through divorce or to have it declared void through an annulment has little to no impact on property division, support or any provisions relating to the children of the marriage. Given the additional requirements that come with obtaining an annulment in Massachusetts, it is not the right fit for every case.

If you are not sure what the best option is for your or your client who is looking to terminate their marriage, reach out to Attorney Rob Withrow of Mulhall Withrow, PLLC to explore your options.