Boston and New Bedford Divorce – Marriage Validity Actions
The law allows a person to file an action to determine the validity of his or her marriage. (M.G.L.A. c. 207, § 14). This section governs actions to nullify or affirm a marriage. These actions are brought when one party is unsure whether a valid marriage exists; or when one party denies the existence of a valid marriage.
The law states that a valid marriage is achieved when two persons receive a marriage license, endure a waiting period, undergo a medical examination, and have a formal ceremony in which the parties express their intention to marry before witnesses and a person authorized by law to solemnize the marriage.
If an annulment is declared, it has the legal significance that no marriage ever existed. Of course, if a person was married to another person when they married another person, or if two persons are too close in relation to each other, the marriage is void. Obtaining a judgment for the annulment of a marriage begins with a Complaint for Annulment. This is filed in the Probate and Family Courts in the appropriate county. These cases can be tricky, because the judge in the case needs to determine if cause exists to annul the marriage. Whereas divorce is a matter of right (if you want a divorce, you’ll get one), there is no right to annulment.
Section 14 indicates that actions to determine the validity of marriages must be brought in the same manner as divorce actions under M.G.L.A. c. 208.
For more information about void marriages and actions to determine the validity of marriage, please feel free to contact our law firm today by phone or by email.
Our firm serves all courts in Eastern Massachusetts. We have offices in Needham, Boston, Hingham and New Bedford in the event personal meetings are needed. However, we often meet with clients electronically to save time and energy. We handle cases in all of the following counties: Middlesex, Norfolk, Suffolk, Essex, Plymouth, and Bristol.
Please call us today or email us at your convenience.