Do I Qualify For An Annulment In The State Of Maryland?

A common myth is the notion that a spouse may obtain a quick annulment of a marriage instead of a divorce if they were married for less than six months. Some other states allow such annulments but Maryland is not one of them.

In Maryland, an annulment can only be granted when a marriage is considered invalid because it is void or voidable. It has nothing to do with the length of time the marriage lasted. The grounds for an annulment arise before the date of the actual marriage. A void marriage is never considered valid. Both parties to the marriage and third parties can file for an annulment of a marriage.

When is a marriage considered void? 

A marriage is considered void if:

• Either spouse was legally married to someone else at the time of the marriage
• The spouses are related by birth or marriage within an “impermissible degree.” In Maryland, you cannot marry your grandparent, parent, child, sibling, grandchild, grandparent’s spouse, spouse’s grandparent, parent’s sibling, stepparent, spouse’s parent, spouse’s child, child’s spouse, grandchild’s spouse, spouse’s grandchild, or the child of a sibling.

When is a marriage considered voidable?

The main difference between a void and voidable marriage is whether the parties could have established a valid marriage by the consent of both parties. A marriage is considered void if, even with the consent of both parties, the parties could not have established a lawful Maryland marriage.

A marriage is considered voidable if the parties could have established a lawful marriage if their consent to the marriage had been legally effective. A voidable marriage is thus considered valid until it is declared invalid by the court. Unlike a void marriage, the grounds that make the marriage voidable can be waived and can only be raised by a party to the marriage.

A marriage is considered voidable if:

• One party lacked the capacity to marry. Mental illness and not being of legal age are two reasons why a party to a marriage may lack the capacity to consent.
• One party’s consent to the marriage was illegally obtained. This includes fraud, duress, coercion, and undue influence.

What about property division, alimony, and child support? 

In Maryland, the court can divide marital property, award alimony, decide child custody, and award child support in an annulment just like it would during a divorce case. However, it is much more difficult to secure an annulment and the grounds for annulment are much more restrictive than divorce.

Talk to a Maryland Family Law Attorney Today 

Schlaich & Thompson, Chartered represent the interests of Maryland residents who are pursuing an annulment, divorce, or drafting a prenuptial agreement. Our Maryland family law attorneys will advocate passionately on your behalf ensuring that your interests are respected during the divorce process. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.