Massachusetts
Massachusetts Annulment Laws: Void Marriages and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 19 primary sources cited on this page. How we verify our legal content
In Massachusetts, an annulment is an "action for annulling" a marriage that ends in a "judgment of nullity" under General Laws chapter 207, section 14. Either spouse may file when the validity of the marriage is doubted, and the case is started the same way as a divorce. The statutes make marriages between close relatives, bigamous marriages, and certain out-of-state marriages by Massachusetts residents void.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers civil annulment under Massachusetts General Laws chapter 207 (sections 1 to 8, 10, and 14 to 18, plus the 2022 marriage-age amendments) and the related divorce provisions in chapter 208 that it mentions. It does not cover divorce grounds and procedure, religious annulment, or the law of any other state.
What Massachusetts Calls an Annulment
Massachusetts law calls it an action for annulling a marriage, and the court's ruling is a judgment of nullity. Section 14 of chapter 207 sets out who can bring it:
"If the validity of a marriage is doubted, either party may institute an action for annulling such marriage, or if it is denied or doubted by either party, the other party may institute an action for affirming the marriage." G.L. c. 207 s. 14
The same section also lets a spouse ask the court to affirm a marriage the other spouse denies. Either way, the court decides whether a valid marriage exists.
Section 14 also says the action "shall be commenced in the same manner as an action for divorce," and that the divorce provisions of chapter 208 apply "so far as appropriate." In practice, that means the paperwork and court process track a divorce case. For divorce grounds, residency and steps, see our guide to Massachusetts divorce laws.
Which Marriages Are Void in Massachusetts
The Massachusetts statutes describe the following marriages as void. Section 14 lets either party ask the court to declare the marriage void when its validity is in doubt.
| Ground | What the statute says | Citation |
|---|---|---|
| Close relatives (consanguinity or affinity) | Section 1 lists relatives a man may not marry and section 2 lists relatives a woman may not marry. A marriage solemnized in Massachusetts within these degrees is void. | c. 207 ss. 1, 2, 8 |
| Relatives by marriage after death or divorce | The affinity bar continues after the marriage that created it ends by death or divorce, unless that divorce was granted because the earlier marriage was originally unlawful or void. | c. 207 s. 3 |
| Bigamy | A marriage contracted while either party has a former wife or husband living is void, except as provided in section 6 and in chapter 208. | c. 207 s. 4 |
| Prohibited marriage contracted out of state by a resident | When a Massachusetts resident goes elsewhere to contract a marriage that Massachusetts declares void, the marriage is null and void for all purposes in Massachusetts. | c. 207 s. 10 |
Section 8 states the rule for the first and third rows when the marriage took place in Massachusetts:
"A marriage solemnized within the commonwealth which is prohibited by reason of consanguinity or affinity between the parties, or of either of them having a former wife or husband living, shall be void without a judgment of divorce or other legal process." G.L. c. 207 s. 8
Under section 8, a court judgment is not what makes these Massachusetts marriages void. Section 14 still lets either party ask the court to rule when the validity of the marriage is doubted, which produces a judgment of nullity on the record.
This page does not cover a filing deadline or a defense that bars an annulment on these grounds. That is a gap in what this page covers, not a finding that none exists.
Fraud, Duress and Other Grounds
Chapter 207 as currently published does not list fraud, duress, impotency, intoxication or similar voidable grounds. (Sections 11 to 13, repealed by St. 2008, c. 216, s. 1, restricted marriages by certain non-residents and did not concern these grounds.)
Section 16 still refers to a marriage "declared void by reason of nonage, insanity or idiocy," so those categories appear in the chapter's rules on children. Case law addresses fraud and duress. In Hanson v. Hanson, 287 Mass. 154 (1934), the Supreme Judicial Court considered an annulment for duress and for fraud. It said "Fraud of such nature as to invalidate a marriage must go to its very essence," noted that its decisions are "somewhat more strict" on fraud than some other states, and reversed the annulment because the facts showed neither duress nor fraud of that kind.
The court also described an earlier case, Anders v. Anders, 224 Mass. 438, in which concealed fraud (marrying to obtain a married name while intending never to perform any duty as a wife) was held cause for an annulment. This page does not cover other grounds courts may have considered. A lawyer licensed in Massachusetts can explain how courts treat a specific claim.
Impotency appears separately as a divorce ground in G.L. c. 208 s. 1.
Good-Faith Marriages While a Former Spouse Was Living
Section 6 of chapter 207 protects a later marriage entered in good faith while one party still had a living spouse. If the spouses keep living together after the impediment is removed by the former spouse's death or divorce, the statute treats them as married from that point:
"if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment, and the issue of such subsequent marriage shall be considered as the legitimate issue of both parents." G.L. c. 207 s. 6
This is a statutory rule that validates the marriage going forward. It is not a general rule dividing property between people whose marriage was void, and this page does not cover whether Massachusetts courts apply such a rule.
Marriage Under 18 in Massachusetts
Massachusetts set an absolute marriage age of 18 in St. 2022, c. 126, the fiscal year 2023 budget act approved on July 28, 2022. Sections 81 to 86 of that act rewrote c. 207 ss. 7, 24, 25 and 33A, amended s. 27 and repealed s. 34.
Under the amended sections:
- A magistrate or minister may not solemnize a marriage if either party is under 18 (c. 207 s. 7).
- A clerk may not receive a notice of intention to marry from a person under 18 (c. 207 s. 24).
- A married minor may sue for divorce, annulment and protective orders (c. 207 s. 25).
The statutes cited here do not say whether a marriage involving someone under 18 is void or voidable. For a marriage involving a minor, especially one entered before or outside these rules, ask a lawyer licensed in Massachusetts.
Where and How to File
Section 14 directs that an annulment be commenced in the same manner as a divorce, with the chapter 208 divorce provisions applying so far as appropriate. Section 14 also gives the register of probate the job of reporting the judgment once it is final.
For a marriage performed outside Massachusetts, section 14 sets a residency rule. The court may enter a judgment of nullity:
"if at that time and also when the action was commenced the plaintiff had his domicile in the commonwealth, or if he had resided in this commonwealth for five years last preceding the commencement of said action" G.L. c. 207 s. 14
The same sentence carves out a plaintiff who moved to Massachusetts to obtain the judgment. Section 14 states no residency period for a marriage performed in Massachusetts; this page does not cover whether another rule supplies one.
The Massachusetts court system publishes an annulment self-help page on mass.gov; this article does not describe its forms or steps. Check that page or the Probate and Family Court registry for current forms.
Children After an Annulment
Massachusetts law has three specific rules about the children of a marriage declared void, and one rule about custody and support.
| Situation | Status of the children | Citation |
|---|---|---|
| Marriage declared void for consanguinity or affinity | The statute says the issue "shall be a person born out of wedlock." | c. 207 s. 15 |
| Marriage declared void for nonage, insanity or idiocy of either party | The issue are the legitimate issue of the parent who was capable of contracting the marriage. | c. 207 s. 16 |
| Marriage declared void because of a prior marriage, where the court finds the capable party believed the former spouse dead, the former marriage void, or a divorce granted | The finding goes in the judgment, and children born or begotten before the declaration are the legitimate issue of the capable parent. | c. 207 s. 17 |
| Good-faith later marriage continued after the impediment ended | The children are the legitimate issue of both parents. | c. 207 s. 6 |
Whatever the status label, the court keeps its power over the children:
"Upon or after a judgment of nullity, the court shall have like power to make orders relative to the care, custody and maintenance of the minor children of the parties as upon a judgment of divorce." G.L. c. 207 s. 18
For how custody and child support are decided, see Massachusetts child custody laws.
Property, Alimony and Your Name
Section 18 expressly covers children. Section 14 applies the chapter 208 divorce provisions to annulments "so far as appropriate," but the statutes cited here do not include a section that expressly authorizes property division or alimony in an annulment, and this page does not cite a court decision on the point. Treat this as an open question to raise with a lawyer, not as a rule either way.
The name-change statute cited here, G.L. c. 208 s. 23, speaks of "the court granting a divorce." This page does not cover whether a name can be restored in an annulment judgment.
How the Annulment Is Recorded
After the appeal period ends, section 14 requires the register of probate to send an attested copy of the judgment annulling the marriage to the commissioner of public health and to the local clerks or registrars, who note it on the marriage record. To request marriage and divorce documents, see Massachusetts marriage and divorce records.
Annulment vs Divorce in Massachusetts
A divorce ends a valid marriage on a ground listed in G.L. c. 208 s. 1. An annulment asks the court to declare that a valid marriage never existed.
If you lived together without a ceremony, see Massachusetts common-law marriage. A religious annulment granted by a church or faith community and a civil annulment granted by a court are separate processes, and one does not produce the other.
Disclaimer: This article provides general legal information about civil annulment under Massachusetts General Laws chapter 207, verified against the Massachusetts Legislature's published General Laws on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Massachusetts or the self-help resources of the Massachusetts Probate and Family Court.
Related
- Annulment laws in every state
- Massachusetts divorce laws
- Massachusetts common-law marriage
- Massachusetts child custody laws
- Massachusetts marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get an annulment in Massachusetts?
Yes. G.L. c. 207 s. 14 lets either party bring an action to annul a marriage whose validity is doubted, and the court issues a judgment of nullity.
What are the grounds for annulment in Massachusetts?
The statutes make void a marriage between prohibited relatives (c. 207 ss. 1 to 3 and 8), a marriage while either party had a living spouse (c. 207 s. 4), and a prohibited marriage a resident contracted out of state (c. 207 s. 10). Courts have also treated duress, and fraud going to the very essence of the marriage, as possible grounds (Hanson v. Hanson, 1934).
Is a bigamous marriage void in Massachusetts?
Yes. G.L. c. 207 s. 4 makes void a marriage contracted while either party has a former wife or husband living, except as provided in s. 6 and chapter 208.
Can a minor get married in Massachusetts?
No. After St. 2022, c. 126, a marriage may not be solemnized if a party is under 18 (c. 207 s. 7), and a married minor may sue for divorce or annulment (c. 207 s. 25).
Do I have to live in Massachusetts to annul an out-of-state marriage?
For a marriage performed elsewhere, c. 207 s. 14 requires Massachusetts domicile at the marriage and at filing, or five years of residence before filing, and not a move made to obtain the judgment.
Who gets custody after an annulment in Massachusetts?
The court has the same power to order care, custody and maintenance of minor children after a judgment of nullity as after a divorce (c. 207 s. 18).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Massachusetts General Laws, Chapter 207
§ 14Determination of validity of marriageIn force
Section 14. If the validity of a marriage is doubted, either party may institute an action for annulling such marriage, or if it is denied or doubted by either party, the other party may institute an action for affirming the marriage. Such action shall be commenced in the same manner as an action for divorce, and all the provisions of chapter two hundred and eight relative to actions for divorce shall, so far as appropriate, apply to actions under this section. Upon proof of the validity or nullity of the marriage, it shall be affirmed or declared void by a judgment of the court, and such judgment of nullity may be made although the marriage was solemnized out of the commonwealth, if at that time and also when the action was commenced the plaintiff had his domicile in the commonwealth, or if he had resided in this commonwealth for five years last preceding the commencement of said action, unless the court finds that he has removed into this commonwealth for the purpose of obtaining said judgment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 8Prohibited marriages void without judgmentIn force
Section 8. A marriage solemnized within the commonwealth which is prohibited by reason of consanguinity or affinity between the parties, or of either of them having a former wife or husband living, shall be void without a judgment of divorce or other legal process.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 4Polygamy prohibited; exceptionIn force
Section 4. A marriage contracted while either party thereto has a former wife or husband living, except as provided in section six and in chapter two hundred and eight, shall be void.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 7Marriage of minors prohibitedIn forcecited in 3 of our articles
Section 7. A magistrate or minister shall not solemnize a marriage if a party to the intended marriage is under the age of 18.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Goodridge v. Department of Public Health (Massachusetts Supreme Judicial Court 2003, 440 Mass. 309)“…n which a person under eighteen years of age may marry. See G. L. c. 207, §§ 7, 25, and 27. The statute requires that…”
- Cote-Whitacre v. Department of Public Health (Massachusetts Supreme Judicial Court 2006, 446 Mass. 350)“…m an applicant who was below the age of eighteen years, see G. L. c. 207, § 7, the office of the Attorney General inv…”
- Commonwealth v. Weston W. (Massachusetts Supreme Judicial Court 2009, 455 Mass. 24)“…ited States Constitution; or married and in compliance with G. L. c. 207, §§ 7 and 25 (establishing requirements for p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Emancipation Laws: How Minors Become Emancipated in Massachusetts (2026), Massachusetts Marriage License Requirements 2026: Fees, 3-Day Wait
§ 17Issue of marriage void by reason of prior marriageIn force
Section 17. If a marriage is declared void by reason of a prior marriage of either party and the court finds that the second marriage was contracted with the full belief of the party who was capable of contracting the second marriage that the former husband or wife was dead, or that the former marriage was void, or that a divorce had been adjudged leaving the party to the former marriage free to marry again, or that there was no former marriage, such finding shall be stated in the judgment, and the issue of the second marriage, if born or begotten before the second marriage was declared void, shall be the legitimate issue of the parent capable of contracting the marriage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 25Nonage minors; divorce; annulment; protective ordersIn force
Section 25. Notwithstanding sections 7, 24 and 33A or any other general or special law to the contrary, any minor who is married may avail themself of all legal remedies and relief that would otherwise be available if they were not a minor, in order to initiate proceedings for divorce under chapter 208, annulment under chapter 207 and protective orders under chapters 209A and 258E.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
§ 6Marriage during existence of former marriage; validityIn force
Section 6. If a person, during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract with due legal ceremony and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, that the former marriage had been annulled by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to the former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment, and the issue of such subsequent marriage shall be considered as the legitimate issue of both parents.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
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Sources and References
- M.G.L. c. 207 s. 14: Action for annulling or affirming a marriage; judgment of nullity(malegislature.gov).gov
- M.G.L. c. 207 s. 8: Marriages void without judgment or legal process(malegislature.gov).gov
- M.G.L. c. 207 s. 1: Marriage of man to certain relatives prohibited(malegislature.gov).gov
- M.G.L. c. 207 s. 2: Marriage of woman to certain relatives prohibited(malegislature.gov).gov
- M.G.L. c. 207 s. 3: Affinity after dissolution of the marriage(malegislature.gov).gov
- M.G.L. c. 207 s. 4: Marriage while former spouse living void(malegislature.gov).gov
- M.G.L. c. 207 s. 10: Prohibited marriage contracted out of the commonwealth by a resident(malegislature.gov).gov
- M.G.L. chapter 207: Section list (sections 11 to 13 repealed, St. 2008, c. 216)(malegislature.gov).gov
- M.G.L. c. 208 s. 1: Grounds for divorce(malegislature.gov).gov
- M.G.L. c. 207 s. 6: Good-faith subsequent marriage after removal of impediment(malegislature.gov).gov
- St. 2022, c. 126 (FY2023 budget), sections 81 to 86: marriage age amendments(malegislature.gov).gov
- M.G.L. c. 207 s. 7: Solemnization barred if a party is under 18(malegislature.gov).gov
- M.G.L. c. 207 s. 25: Married minors may sue for divorce, annulment and protective orders(malegislature.gov).gov
- M.G.L. c. 207 s. 15: Issue of a marriage void for consanguinity or affinity(malegislature.gov).gov
- M.G.L. c. 207 s. 16: Issue of a marriage void for nonage, insanity or idiocy(malegislature.gov).gov
- M.G.L. c. 207 s. 17: Issue of a marriage void because of a prior marriage(malegislature.gov).gov
- M.G.L. c. 207 s. 18: Custody and maintenance of minor children after nullity(malegislature.gov).gov
- M.G.L. c. 208 s. 23: Resumption of name by the court granting a divorce(malegislature.gov).gov
- Hanson v. Hanson, 287 Mass. 154 (1934): annulment for duress or fraud; fraud must go to the very essence of the marriage(static.case.law)
- St. 2008, c. 216: repeal of c. 207 ss. 11 to 13 (marriages of certain non-residents)(malegislature.gov).gov