Can You Get an Annulment After a Divorce in Massachusetts?

Ending a marriage is never easy. Whether through divorce or annulment, the legal process can feel overwhelming, especially when emotions run high. 

Many people wonder if they can seek an annulment after finalizing a divorce in Massachusetts. The short answer? No, you cannot get an annulment after a divorce has already been granted.

At Reade Law Firm, PC, we’ve helped individuals understand and work through Massachusetts family law, including divorce, custody disputes, and property division.

If you’re wondering whether your marriage should be annulled instead of dissolved through divorce, understanding the legal differences is crucial. Let’s break it down.

Difference Between Divorce and Annulment

While both processes end a marriage, they do so in entirely different ways.

Divorce

A divorce legally terminates a valid marriage. It acknowledges that the marriage existed but brings it to an end. Massachusetts allows no-fault divorces, meaning couples don’t need to prove wrongdoing—just that the marriage is irretrievably broken.

Annulment

An annulment, on the other hand, is a legal declaration that the marriage was never valid in the first place. Unlike divorce, which dissolves a recognized marriage, an annulment treats the marriage as if it never happened. 

Because of this, annulments are harder to obtain and require specific legal grounds in Massachusetts.

Grounds for Annulment in Massachusetts

Not every marriage qualifies for an annulment. In Massachusetts, the law only allows annulments under specific circumstances, and these conditions must have existed at the time of the marriage.

Bigamy

 If one spouse was already legally married to someone else when the marriage took place, the new marriage is automatically void. A prior marriage certificate would typically serve as proof.

Incest

Marriages between close-blood relatives are legally prohibited. Documentation, such as birth certificates, may be required to establish the familial relationship.

Mental Incapacity

If one spouse lacked the mental ability to understand they were entering into a marriage, whether due to illness or cognitive impairment, the marriage may be annulled. 

Medical records, psychiatric evaluations, or testimony could be used to demonstrate this incapacity at the time of the wedding.

Fraud

If one spouse was tricked into the marriage through deception involving a fundamental issue, such as lying about the ability to have children or hiding a serious medical condition, the marriage may be annulled. 

Proving fraud typically involves documentation of the misrepresentation and evidence showing the other spouse relied on it when agreeing to marry.

Impotence

If a spouse is permanently and incurably unable to engage in sexual relations and did not disclose this before marriage, an annulment may be granted. Medical evidence would generally be needed to prove the condition.

Underage Marriage

If one spouse was under the legal age to marry and did not have the required parental or court consent, the marriage could be annulled. Birth certificates and records showing a lack of consent may be required.

Important Note: Since annulments focus on invalidating a marriage from the start, waiting too long to file can complicate the process. While there are no strict time limits, acting quickly is essential. If you believe your marriage meets the criteria for an annulment, consulting with an attorney as soon as possible can help protect your legal rights.

Why Annulment After Divorce Isn’t Possible in Massachusetts

Once a divorce is finalized, the court has legally recognized the marriage’s existence. Since annulments work by declaring that a valid marriage never happened, they can’t be granted after a divorce has been issued.

If someone later believes their marriage should have been annulled instead of dissolved through divorce, they cannot go back and change it. That’s why it’s essential to consult with a family law attorney before finalizing a divorce. If an annulment is a possibility, it must be pursued before filing for divorce—not after.

If you’re unsure whether your situation qualifies for an annulment, reaching out to an attorney early in the process can make all the difference.

Considering Annulment or Divorce in Massachusetts? Reade Law Firm, PC Can Help

At Reade Law Firm, PC, we provide trusted legal guidance for divorce, annulments, custody disputes, and complex property divisions in Massachusetts. 

If you’re considering an annulment, it’s crucial to explore your options before filing for divorce. Our team listens to your concerns and offers clear, practical legal strategies tailored to your situation.

Don’t face this alone—whether you’re dealing with a divorce or questioning if annulment applies to your marriage, we’re here to help. Call us at (978) 767-8383 for a confidential consultation and take the first step toward securing your future.