How Can I Get An Annulment In The State Of Maryland?

Divorce is when you say your marriage is over. Annulment is when you say your divorce never existed at all. The rules for granting an annulment are considerably different from the rules for getting a divorce. It’s commonly believed that a spouse may obtain an annulment if the marriage lasted for less than six months. That might be the case in other states, but it is not the case in Maryland.

In Maryland, the courts will only grant an annulment when the marriage is invalid because it is either void or voidable. Whether you can obtain an annulment or not has nothing to do with the length of the marriage. Instead, the grounds for an annulment are present even before the actual marriage ceremony has taken place.

If a marriage is void, that means that it was never valid. An individual cannot waive the grounds that make the marriage void because these grounds tend to implicate public policy concerns. In fact, a third party can also file for an annulment of the marriage.

A marriage is considered void if, at the time of the marriage ceremony:

• Either party was legally married to another person; or
• The partners are related by birth or marriage within an “impermissible degree” of relationship. In Maryland, you cannot marry your child, parent, grandparent, 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 sibling’s child.

What is a voidable marriage? 

The difference between void and voidable marriages is whether or not the parties could have established a valid marriage with proper consent by both parties. If a marriage is void, the parties could not have established a lawful marriage even if both parties gave their consent. A marriage is voidable if the parties could have established a lawful marriage had their consent been legally effective.

Unlike a void marriage, voidable marriages are valid until they are declared invalid by a court. Further, the grounds that make the marriage voidable can be waived and only raised by a party to the marriage.

A marriage is considered voidable if, at the time of the marriage ceremony:

• One of the parties lacked the capacity to marry due to mental illness, temporary lack of capacity, or one of the parties is not of the legal age to marry
• A party’s consent to the marriage was improperly obtained, such as by fraud, duress, or undue influence

If the court does grant an annulment, which can be difficult to obtain, a party to the void or voidable marriage is still entitled to spousal and child support. If the court refuses to grant an annulment, then divorce becomes your only option.

Talk to a Bel Air Maryland Family Law Attorney Today 

Schlaich & Thompson, Chartered represents the interests of those seeking to obtain a divorce or annulment in the State of Maryland. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your case right away.