Marriage Gone Wrong? Annulments vs. No-Fault Divorce in Massachusetts

Annulment is the legal equivalent of pretending that a Vegas trip never happened. Sometimes, a marriage unravels slowly. On the other hand, a divorce is closing a chapter in your story. Annulment, however, is erasing the chapter entirely as though it was never written. In other instances, couples realize almost immediately it was a mistake. In Massachusetts, the law recognizes two very different paths when a marriage ends: annulment or no-fault divorce. While both dissolve the relationship, there are very different legal consequences concerning property division, spousal support, and social status. 

ANNULMENTS IN MASSACHUSETTS

Here are some examples of how Massachusetts courts apply criteria before granting annulments: 

Void marriages (invalid from the start): 

• Bigamy: one spouse was already married, recognizing invalidity of certain unions under law
• Incest: spouses are too closely related (Mass. Gen. Laws ch. 207, §§ 1–3)

Voidable marriages (valid unless challenged): 

• Lack of capacity: intoxication or mental incompetence at the time of marriage
• Fraud: material misrepresentation (e.g., concealing infertility or marrying solely for immigration) 
• Underage marriage: One spouse under 18 without parental or judicial consent
• Physical incapacity: inability to consummate the marriage 

• Unfortunately, short duration alone is not grounds for annulment. Courts require proof that the marriage never met legal standards in the first place. 

NO-FAULT DIVORCE IN MASSACHUSETTS

Unlike annulment, a divorce recognizes the marriage as valid and then legally ends it. Massachusetts embraces no-fault divorce, where couples don’t need to assign blame. 

Two main no-fault filings: 

• 1A Joint Petition: Both spouses agree the marriage is irretrievably broken and submit a written agreement on custody, property, and support. Divorce can finalize in 90–120 days. 
• 1B Complaint: Filed by one spouse when no agreement exists. May require litigation or mediation before a judge issues orders. 

Divorce is the more common route because it allows division of marital assets and support orders, while annulment erases the marriage itself. 

PRACTICAL CONSIDERATIONS

Annulment may be appealing for social or religious reasons. However, getting a divorce is faster, more flexible, and the standard option in Probate and Family Court. Divorce also permits alimony and property division under Mass. Gen Laws ch. 208, §§ 34, 48–55. Children of annulled marriages are still legitimate, and child support orders still apply (Mass. Gen. Laws ch. 209C). 

Annulments and Alimony in Massachusetts

• Annulments are generally treated as if the marriage were void, so alimony is typically not available in Massachusetts annulment cases. However, in rare circumstances, courts may exercise equitable powers to order support or address property issues if justice requires. In contrast, in a divorce, the Probate and Family Court applies G.L. c. 208, § 34 to determine alimony eligibility, considering factors such as the length of the marriage, income disparity, and each spouse’s future earning capacity.

Civil vs. Religious Annulments

It’s important to understand that a marriage annulment in Massachusetts is not the same as a Catholic annulment. For more information please refer to this blog: Catholic Annulment 

• Civil annulment: Granted by the Probate and Family Court under Massachusetts law. It legally erases the marriage as though it never existed. Civil annulments affect property, custody, and legal rights. 
• Catholic annulment: Granted by the Church after a separate process. It determines whether the marriage was valid in the eyes of the Church. A Catholic annulment does not affect your legal marital status under state law. (See Diocese of Altoona-Johnstown, “The Annulment Process: Questions & Answers,” supra.)

FAQS

Can you get an annulment in Massachusetts? 

Yes. To annul a marriage in Massachusetts, you must show legal grounds such as bigamy, incest, fraud, underage marriage, or lack of mental capacity. If these conditions don’t apply, the court will direct you to the no-fault divorce process instead. 

Can you get an annulment just because the marriage was short? 

No. Duration alone isn’t enough for an annulment of marriage. 

Do you need a lawyer for a marriage annulment in Massachusetts? Yes. Because an annulment of marriage requires proving specific legal grounds, most people benefit from having an experienced family law attorney. A lawyer can explain how to annul a marriage in Massachusetts, prepare the evidence, and guide you through the Probate and Family Court process to improve your chances of success.

Can you annul a marriage in Massachusetts after any length of time? No. The time frame depends on when you discover the legal defect, and waiting too long may bar your claim. 

Is annulment the same as divorce in Massachusetts? 

No. An annulment renders the marriage legally nonexistent, as though it had never occurred

What is the difference between annulment in the Catholic Church vs. Probate Court? 

Annulments granted by the Catholic Church have no effect on one’s civil marital status. Under probate court jurisdiction, parties revert to their pre-marital status.

Bottom Line

Massachusetts law sets clear but different tracks for annulment and divorce. Annulments require narrow legal grounds. No-fault divorce, on the other hand, is the backbone of family law designed for efficiency, fairness, and closure. 

If you’re unsure whether an annulment or divorce fits your situation, the safest step is to speak with an experienced Massachusetts family law attorney. At Wright Family Law Group, we guide clients through complex decisions with candor and compassion.

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Wright Family Law Group serves clients across Massachusetts, including Middlesex, Essex, Suffolk, Plymouth, Norfolk, Bristol, Worcester, and Barnstable counties, from our offices in Tewksbury and Danvers, conveniently located near Route 495, Route 95, and Route 93.

Whether you’re facing divorce, custody disputes, child support, or another family law challenge, the time to act is now. Schedule your free 15-minute discovery call today and get the guidance you need to move forward with confidence.
General information based on Massachusetts law; not legal advice. Outcomes depend on facts. For advice, consult an attorney.