Massachusetts Annulment and Prohibited Marriage Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 27, 2023

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Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of annulment and prohibited marriage laws that prohibit marriage in certain circumstances. A prohibited marriage is void because the marriage was never lawful. Generally, there's no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry a relative.

An annulment, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce end a marriage, an annulment wipes the slate clean as if there was no marriage to begin with. However, you usually need to get an annulment within a certain amount of time, so it is important to know the laws and act promptly if you are considering annulling your marriage.

This article provides a brief overview of annulment and prohibited marriages in the state of Massachusetts.

Annulment and Prohibited Marriage Laws in Massachusetts

The following chart highlights the main provisions of Massachusetts' annulment and prohibited marriage laws. See FindLaw's Marriage Law Overview section for additional articles and resources.

Grounds for Annulment

If the validity of a marriage is doubted, either party may institute an action for annulling the marriage (M.G.L.A. 207 § 14)

Legitimacy of Children
  • The issue of a marriage declared void by reason of consanguinity or affinity between the parties shall be a person born out of wedlock (M.G.L.A. 207 § 15)
  • The issue of a marriage declared void by reason of nonage, insanity, or idiocy of either party shall be the legitimate issue of the parent who was capable of contracting the marriage (M.G.L.A. 207 § 16)
  • If a marriage is declared void by reason of a prior marriage, 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 (M.G.L.A. 207 § 17)

Prohibited Marriages
  • No person shall marry their parent, grandparent, children, siblings, nieces, nephews, aunts, uncles, or cousins (M.G.L.A. 207 § 1 and § 2)
  • A marriage contracted while either party has a former spouse living shall be void (M.G.L.A. 207 § 4)
  • A marriage solemnized that is prohibited by reason of consanguinity or affinity between the parties, or of either of them having a former spouse, shall be void without a judgment or divorce or other legal processes (M.G.L.A. 207 § 8)
Same-Sex Marriages
  • The U.S. Supreme Court's decision in Obergefell v. Hodges (2015) established that bans on same-sex marriages in any state violate the Fourteenth Amendment's equal protection clause. With this ruling, same-sex marriages were legalized.
  • On December 13, 2022, President Joseph R. Biden, Jr. also signed into law the Respect for Marriage Act, which codified laws related to protections for same-sex marriage.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources: Massachusetts Annulment and Prohibited Marriage Laws

Ending a marriage can be a difficult decision, especially if you are wondering if your marriage was legal to begin with. You can find more introductory information about this topic by visiting FindLaw's sections on annulment, divorce, and Massachusetts family law.

Next Steps: Speak to a Family Law Attorney

If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local family law attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your state.

If you would like legal assistance with your case, you can contact an experienced Massachusetts divorce attorney in your area to schedule a consultation.

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