Massachusetts Complaint For Annulment - CD-J-100

State:
Massachusetts
Control #:
MA-8
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PDF
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Description

This form is a Complaint for Annulment for use in the Massachusetts Probate and Family Court. The Complaint is the first pleading filed in an Annulment case, and sets out the grounds claimed, the parties, and other required information.

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FAQ

While a divorce terminates a legal marriage, an annulment means that the marriage never legally existed in the first place.Since these marriages were never valid at all, you can usually annul such marriages at any point in time as long as both you and your spouse are living.

In California, the time limit differs depending on the situation. If you base your annulment on physical incapacity, age, or force, you have four years to file. If a marriage is invalid due to fraud, you have four years from the time you discover the fraud.

In California, the time limit differs depending on the situation. If you base your annulment on physical incapacity, age, or force, you have four years to file. If a marriage is invalid due to fraud, you have four years from the time you discover the fraud.

Grounds for annulment The Court may only annul the marriage on the following grounds: One of the parties was still validly married to someone else at the time of the marriage.One or both of the parties was not old enough to marry. One of the parties did not give their real consent to the marriage.

If marriage is essentially a contract, the difference between an annulment and a divorce is the difference between declaring the contract nullbecause, say, it was signed under conditions of duress or fraudand terminating it. In the case of marriage, declaring the contract null is a far more difficult proposition.

To get an annulment, you'll have to prove your marriage is "voidable," meaning it was valid, but should be nullified (voided or canceled) based on one of the following grounds: unsound mind--one spouse lacked the ability to give consent due to a mental impairment or the influence of drugs or alcohol.

Mental incapacity. A person who is not legally capable of consenting to marriage based upon mental illness or incapacity, including incapacity caused by intoxication, may later seek an annulment. Underage marriage. If one or both spouses are below the legal age to marry, then the marriage is subject to being annulled.

Am I allowed to get married immediately after issuance of the Court Decision on my annulment case? GTALAW: Not too fast. The Law says that you have to wait for the issuance of the Decree of Annulment. Otherwise, your second married is also invalid.

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Massachusetts Complaint For Annulment - CD-J-100