What are the requirements for an annulment in MA?

Additional Information:

We have been married for 8 months, and 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?   I’d like sole custody of our daughter.  Does his deception affect his parental rights?

ATTORNEY ANSWER:

In order to obtain an annulment you have to show that the marriage was based on fraud. It sounds like you would qualify for an annulment in your situation. However, your husband is still the child’s father and as such would still be granted some parenting time. If you are the primary caretaker of the child, there is no reason why this would not continue to be the case. Certainly, the Court would consider your husband’s criminal background and the reasons he thought it necessary to use a name other than his own in awarding custody and visitation rights. The Court will consider what is in the child’s best interests in making such a determination. 

Family Law Attorney Michael Franklin, provides legal representation to individuals in the area of family law and divorce in Worcester MA and in the neighboring communities including Holden, Paxton, Auburn, Millbury, Leicester, and Shrewsbury and Grafton.

 

Attorney Michael Franklin
Family Law and Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609