Additional Information:

I have been married for 8 months, we have a 10 month old daughter. I just found out that my husband has a criminal background and has been using a fake name since I have known him.   What are the requirements for an annulment in MA?  How should I proceed?

ATTORNEY ANSWER:

It is unfortuate that you’re going through this situation.  There are various grounds for an annulment in Massachusetts.  The one ground that might fit your situation is fraud.  You would have to show that the fraud went to the heart of the marriage.  The fact that your husband did not tell you about his criminal background would not likely qualify as grounds for fraud under the law.  Providing you with a fake name would likely meet those grounds.  It is also possible that your marriage was not valid in the first place if he used a fake name on the marriage certificate.  That being said, you should be aware that granting of the annulment would mean that you would need to then file a separate complaint (either for Patenrity if he did not sign the voluntary acknowledgment at the hospital or for child support) to obtain any support and custody orders.  It would be less expensive to file for divorce so that child support, custody and any visitation he might seek can all be dealt with at the same time.  You should consult with experienced family law attorney to find out more about your rights and obligations in this matter. 

The Lowell Annulment Lawyers at Berid & Schutzbank serve individuals and divorcing couples in Lowell and throughout Middlesex County, including the towns of Dracut, Belvidere, Tewksbury, North Billerica, Billerica, Chelmsford, North Chelmsford and Tyngsborough, Massachusetts.