Generally, it is wiser to file for a divorce than an annulment. The requirements to obtain an annulment vary by jurisdiction and can often make the prospect of obtaining an annulment “iffy” at best. On the other hand, almost anybody that desires to get divorced will be able to obtain one – although not necessarily on the terms that they want.

For instance, the Commonwealth of Massachusetts requires one of two grounds to grant an annulment – either incest or fraud. I won’t go into the incest grounds in detail here. But, it should be sufficient to say that incest isn’t an option for most parties. That leaves parties with the fraud option. However, it is a very specific type of fraud – “Fraud in the inducement”. This means that but for the fraud the marriage would not have taken place. Most judges aren’t going to grant an annulment for minor fraud – despite the fact that a party might testify that they would not have married the other spouse if they had known about the “fraud”. On the other hand, Judges usually have far less difficulty in determining that a marriage has ended and granting a divorce.

The other difficulty is that the party whom is alleged to have committed the fraud may not take the allegations sitting down and protracted and expensive litigation may result from a relatively simple situation.

The bottom line is to not assume that just because the marriage is short and there are no children that an annulment will be granted – It may be far easier and simpler to obtain a divorce.

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The information contained in this blog is for educational purposes only and is not legal advice. The use of this Blog does not create an attorney/client relationship between you and the Law Offices of Barry R. Lewis. If you are considering divorce or if you are involved in any legal matter, you should hire an attorney.