Find out where and how to file for an annulment in Massachusetts.
- This page, File for an annulment , is offered by
- Probate and Family Court
- Massachusetts Court System
File for an annulment
Contacts
Probate and Family Court locations
The Details of File for an annulment
What you need for File for an annulment
An annulment that's granted by the court is not the same as a religious annulment.
To get an annulment from the court, you'll need to file:
- The Complaint for Annulment (CJD 100), 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 (OCAJ-1 TRC IV) You're required to file this form whenever a petition or complaint is filed or issued in a case involving the care, custody, visitation or name change of a child. (You may use this form until November 12, 2024.)
- Child Care or Custody Disclosure Affidavit. In cases involving a child, use this form to tell the court about any other open or closed cases involving the child. You must file the Affidavit in cases involving the care, custody, visitation, or change of name of a child. See Trial Court Rule IV for more details. (October 2024).
- Supplemental Child Care or Custody Disclosure Affidavit. In cases involving more than 4 children, use this form along with the Child Care or Custody Affidavit for additional space to tell the court about any other open or closed cases. See Trial Court Rule IV for more details. (October 2024).
- The Child Support Guidelines Worksheet. See child support guidelines for instructions.
If you have an attorney, they'll need to file:
You'll also need to pay the following fees. If you can't afford to pay your fees, you can 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 for File for an annulment
| Name | Fee | Unit |
|---|---|---|
| Annulment filing fee | $200 | each |
| Annulment surcharge | $15 | each |
| Annulment summons fee | $5 | each |
How to file File for an annulment
Make several copies of your forms and bring the originals to court with your filing fees. If either spouse still lives in the county where you had lived together, you must file in the Probate and Family Court in that county. Otherwise, you should file in the county where either of you live now.
Next steps for File for an annulment
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 for File for an annulment
Once you've served your spouse with the correct 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.
If an annulment is granted, you can get a copy right away. See Get a copy of your Probate & Family Court record for more information.
Downloads for File for an annulment
Open PDF file, 6.65 MB,
Divorce or Annulment, Certification Vital Statistics (R-408)
(English, PDF 6.65 MB)
Open PDF file, 18.16 KB,
Instructions for Certification of Absolute Divorce or Annulment form
(English, PDF 18.16 KB)
Open PDF file, 1.01 MB,
Affidavit disclosing care or custody proceeding (OCAJ-1 TRC IV)
(English, PDF 1.01 MB)
Open PDF file, 1.37 MB,
Child Care or Custody Disclosure Affidavit
(English, PDF 1.37 MB)
Open PDF file, 1.35 MB,
Supplemental Child Care or Custody Disclosure Affidavit
(English, PDF 1.35 MB)