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File for an annulment

Find out where and how to file for an annulment in Massachusetts.

Probate and Family Court

The Details

What you need

To file for an annulment, you'll need to file:

  • The Complaint for Annulment, which is also available at the Registry of Vital Records 
  • The Certificate of Absolute Divorce or Annulment Statistical Information (R-408)
  • A financial statement. You'll fill out 1 of 2 forms, depending on your income. 

If you have children with your spouse, you'll also need to file:

  • The Affidavit Disclosing Care or Custody Proceedings
  • The Child Support Guidelines Worksheet. See child support guidelines for instructions. 

If you have an attorney, they'll need to file:

  • The Uniform Counsel Certification Form 

You'll also need to pay the following fees. If you can't afford to pay your fees, find out if you're eligible to waive your fees. You'll also have to pay a fee to the sheriff or constable, which can vary. 

Fees

Name Fee Unit
Annulment filing fee $200 each
Annulment surcharge $15 each
Annulment summons fee $5 each

How to file

Make several copies of your forms and bring the originals to the court with your filing fees. You should file for an annulment in the Probate and Family Court for the county where either of you live. However, if either spouse still lives in the county where you had lived together, you must file in that county. Find your Probate and Family Court

Next steps

Let your spouse know that you've filed

You'll need to let your spouse know that you've filed by arranging for them to be served with a copy of the complaint that you filed, a notice, and a domestic relations summons. These are papers that tell your spouse what's happened and what will happen next. The court will give you the notice and summons when you file your papers, but you need to arrange to have the papers served. This is called service of process.

More info

Once you've served your spouse with the proper paperwork, the judge will decide whether an annulment will be granted. Judges will look very carefully at the specific reasons that an annulment can be granted. In some ways, this makes an annulment more difficult to get than a divorce.

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