Additional Information:

I was just married in Milford, MA and now realize it was a mistake. What are requirements for getting an annulment in Massachusetts?

ATTORNEY ANSWER:

An action to anul a marriage can be brought in the probate court if the validity of a marriage is doubted.  The statutory grounds include incest and bigamy, and do not include mistake, although you could obtain an annulment for fraud, impotency, duress or for other reasons.  If the marriage is valid, then the remedy is to obtain a divorce.

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Additional Information:

My husband and I live in the Boston Metrowest area and are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock?

ATTORNEY ANSWER:

The Judge will usually determine what assets are in the marital estate.  If the stock is part of the marital estate the judge could order him to sell the stock.

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Additional Information:

I left my husband a couple of years ago and moved out of state (I’m in IL now but we were married in MA). When I moved, we just wanted time apart. It wasn’t a legal separation, just a verbal. We haven’t talked in a long time and I’m not on his health care or anything or vice versa, but I wondered if leaving the marriage constituted abandonment or something like that.

ATTORNEY ANSWER:

MA is a “no fault” divorce state, so the grounds for divorce are “irretrievable breakdown”.  If your husband still resides in MA and you last lived together in MA, MA would have jurisdiction.  If you both live out of state and are no longer MA residents, then MA does not have jurisdiction. In MA, you can remain separated indefinitely.

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Additional Information:

Do we have to go together or can we go separately?

ATTORNEY ANSWER:

You both do not need to be present to file the documents, but you both need to be present for the hearing.

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