Legal Question in Family Law in Massachusetts

Annulments

Hey,

I was wondering if both parties have to agree to an annulment. My wife and I were married 8 months ago, and to my new knowledge she has quite a few mental problems. She has never been diagnosed by a psychologist as being depressed, but she has threatened to commit suicide three times, attempted to take pills once, told me she wanted to kill me once, told me that she hated me about ten times, wanted to divorce me about eight, and yesterday she got violent and punched me a few times. Are these grounds for an annulment, and how would I go about getting one? Does she need to agree to get one? Does there need to be proof of any of these things to get one? How much would it cost, and how long would it take?


Asked on 2/13/07, 11:16 am

2 Answers from Attorneys

Re: Annulments

You have alot of different avenues available to you based on what it is you are looking to do. You should document her behavior to the best of your ability (keep a diary and statements from witnesses). The divorce and annulment process will take some time. COntact me if you wish to discuss the specifics of your situation.

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Answered on 2/13/07, 11:57 am
Melina Merino Attorney Melina Merino

Re: Annulments

In order for the court to be able to grant an annulment, it must be proven that one party was not legally able to enter a marriage or some other reason why the marriage should not be recognized, such as fraud. Annulments are rarely granted by the courts and should only be sought when the facts clearly show that the marriage is invalid. In that case, the more evidence that you can gather to prove the marriage to be invalid, the better.

Another alternative for you would be to file for divorce.IF both parties come to an agreement on the various divorce related issues, you can file a joint petition for divorce due to the irretrievable breakdown of the marriage. If the parties are unable to come to an agreement or if one party is unavailable, the other party may still file for divorce on the grounds of an irretrievable breakdown.

Either the annulment or divorce process takes several months to be finalized in MA. Legal fees vary depending on different practitioners. From the set of facts you have provided, it seems like this matter is too complex to handle yourself. I suggest you consult with an attorney as soon as possible. You can feel free to contact me if you would like to discuss this matter further and privately.

Best of luck!

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Answered on 2/13/07, 1:19 pm


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