Annulment of Marriage in Maryland: A Fresh Start with Legal Clarity
Marriage is meant to be a lifelong commitment, but sometimes, circumstances reveal that a marriage was never legally valid from the very beginning. In these cases, an annulment provides a powerful legal remedy, declaring that the marriage should never have existed in the eyes of the law. If you believe your marriage qualifies for annulment, you deserve experienced, compassionate legal guidance to help you navigate this deeply personal process with confidence.
At our Maryland family law firm, we understand the sensitive nature of annulments and work diligently to protect your rights, your financial interests, and your future. With discretion and efficiency, we guide our clients through the annulment process, ensuring they emerge from the experience with peace of mind and a fresh start.
What Is an Annulment?
An annulment is more than just the termination of a marriage—it is a legal declaration that the marriage was never valid in the first place. While divorce acknowledges that a valid marriage has ended, an annulment erases the marriage from a legal standpoint, as if it never occurred.
There are two types of annulments:
- Void Marriage – A marriage that was never legally valid from the beginning due to severe legal issues.
- Voidable Marriage – A marriage that was initially valid but can be legally canceled due to specific circumstances.
Understanding whether your marriage falls into one of these categories is the first step in seeking an annulment in Maryland.
Grounds for Annulment in Maryland
Maryland law sets strict criteria for annulments, ensuring that only marriages with significant legal defects can be declared invalid. If you wish to pursue an annulment, you must prove one of the following legal grounds:
- Bigamy (Void Marriage)
If one spouse was already legally married at the time of the wedding, the second marriage is void and never legally valid.
- Incestuous Marriage (Void Marriage)
Maryland law strictly prohibits marriages between close relatives, including siblings, parents and children, aunts and nephews, and uncles and nieces.
- Fraud or Misrepresentation (Voidable Marriage)
If one spouse misrepresented or concealed critical facts that directly influenced the other’s decision to marry, the marriage may be annulled. Common examples include:
- Lying about the ability to have children.
- Concealing a criminal record or significant financial debt.
- Marrying solely for immigration benefits.
- Duress or Coercion (Voidable Marriage)
A marriage entered into under threat, intimidation, or extreme pressure is not legally valid.
- Underage Marriage (Voidable Marriage)
If one spouse was under 18 at the time of marriage and did not have parental consent, the marriage may be annulled. Maryland law requires minors under 18 to obtain parental permission before marrying.
- Mental Incapacity (Voidable Marriage)
If a spouse lacked the mental capacity to understand the nature of marriage due to intoxication, mental illness, or other impairments, the marriage may be annulled.
- Impotence or Inability to Consummate the Marriage (Voidable Marriage)
If one spouse is physically incapable of sexual relations and this was unknown to the other spouse before the wedding, an annulment may be granted.
Annulment vs. Divorce: Understanding the Differences
Factor | Annulment | Divorce |
Legal Effect | Declares the marriage was never valid | Legally dissolves a valid marriage |
Grounds | Requires specific legal reasons | No-fault or fault-based grounds available |
Property Division | Usually no marital assets to divide | Assets divided under equitable distribution laws |
Alimony | Generally not awarded | May be granted in certain cases |
Time Frame | Can be quicker than divorce | May take months or years |
The Annulment Process in Maryland
Step 1: Filing a Petition for Annulment
The process begins when one spouse submits a formal Petition for Annulment to the Maryland circuit court. This document must include the legal grounds for annulment and supporting evidence.
Step 2: Serving the Papers
The other spouse must be legally notified of the annulment petition and given time to respond.
Step 3: Court Proceedings
If the annulment is uncontested, the court may grant it without a trial. If contested, a hearing will be held where both parties can present evidence and testimony.
Step 4: Final Judgment of Annulment
If the court finds sufficient legal grounds, a Final Judgment of Annulment is issued, officially declaring the marriage null and void.
Legal Consequences of an Annulment
An annulment has lasting legal implications, including:
- Marital Status Restored – Both individuals are considered never to have been married.
- No Property Division – Since the marriage is deemed invalid, divorce laws regarding property and alimony do not apply.
- Child Custody and Support Still Apply – If the couple has children, the court will establish custody, visitation, and child support arrangements, just as in a divorce case.
Can You Get an Annulment in Maryland if You Have Children?
Yes. While an annulment erases the marriage, it does not erase parental responsibilities. The court will still determine child custody, support, and visitation rights. Children born in an annulled marriage are legally considered legitimate under Maryland law.
How Our Maryland Annulment Attorneys Can Protect You
When facing a family law case, you need a legal team with the experience, skill, and tenacity to advocate for your best interests. Our attorneys provide:
- Strategic Negotiation – Working to secure favorable settlements without the need for prolonged litigation.
- Aggressive Litigation – Building a powerful case to fight for your rights in court when necessary.
- Financial Protection – Ensuring a fair distribution of assets, property, and financial accounts.
- Child Custody Advocacy – Prioritizing your children’s well-being while safeguarding your parental rights.
- Spousal Support Representation – Advocating for fair alimony agreements based on financial need and contributions to the marriage.
Why Choose Our Maryland Annulment Attorneys?
An annulment case is a pivotal moment in your life, and having the right legal team can make all the difference. Clients trust us because we offer:
- Decades of Family Law Experience – Proven expertise in Maryland family law cases, from high-conflict divorces to custody and child support battles to complex asset divisions.
- Unyielding Courtroom Representation – Skilled trial lawyers who are unafraid to stand up for you in court.
- Tailored Legal Strategies – Every case is unique, and we develop customized solutions to meet your specific needs.
- A Track Record of Success – A history of winning favorable outcomes for our clients in Maryland family courts.
- Comprehensive Legal Support – From financial analysis to custody evaluations, we handle every aspect of your case.
Take the Next Step: Contact Our Maryland Annulment Attorneys Today
An annulment is one of the most challenging legal battles you may ever face, but you do not have to face it alone. Our dedicated legal team is here to fight for you, ensuring that your rights, assets, and future are fiercely protected. We understand the emotional and financial toll of family law litigation, and we are committed to guiding you through the process with strength and clarity.
📞 Call us today for a confidential consultation. Let us help you take control of your future and move forward with confidence.