Best Annulment Lawyers in Maryland

About Annulment Law in Maryland, United States

An annulment in Maryland is a legal procedure that declares a marriage null and void, as though it never legally existed. Annulment is different from divorce, which terminates a legally valid marriage. Not every marriage qualifies for annulment - it is only available under specific circumstances defined by Maryland law. This process may be pursued for reasons such as fraud, duress, bigamy, or situations where the marriage was never legally valid to begin with.

Why You May Need a Lawyer

Annulment cases can be complex, especially because the reasons for annulment are very limited and must meet strict legal standards in Maryland. People commonly seek a lawyer’s assistance in annulment cases because:

• They need to determine if their marriage truly qualifies for annulment as opposed to divorce.
• There are contested issues, such as division of property, child custody, or spousal support.
• Complicated facts are involved, like fraud, coercion, or bigamy.
• One party disagrees about the existence or validity of the marriage.
• They need help navigating Maryland’s specific legal procedures and paperwork for annulment.

An attorney experienced in family law can help you assess your situation, guide you through the correct legal process, and represent your interests in court.

Local Laws Overview

Maryland law allows for annulment in specific circumstances where the marriage was void or voidable. Grounds for annulment in Maryland include:

• Bigamy, where one spouse was already married to someone else at the time of the marriage
• Incest, or marriages between close blood relatives
• Incapacity to consent because of mental disability or intoxication at the time of marriage
• Fraud or misrepresentation that goes to the essentials of the marriage contract
• Duress, or marrying under threat or force
• One spouse being underage without appropriate consent

An annulment can be requested by either spouse, and sometimes by third parties in the case of void marriages. Maryland Circuit Courts handle annulment petitions. The party seeking annulment bears the burden of proving the legal grounds for annulment exist. If an annulment is granted, the court may still make determinations about child custody, child support, and division of property.

Frequently Asked Questions

What is the difference between annulment and divorce in Maryland?

Annulment treats the marriage as if it never happened due to specific legal reasons, while divorce ends a legally valid marriage.

What are the grounds for annulment in Maryland?

Common grounds include bigamy, incest, mental incapacity, fraud, duress, and marriages involving minors without consent.

Is annulment easier or faster than divorce in Maryland?

Not necessarily. Annulment often requires more evidence to establish the legal grounds, and may not be quicker or simpler than divorce.

Can I get an annulment if my spouse lied to me?

Only if the lie or fraud goes to the essence of the marriage, such as concealing impotence or a criminal past, and if it directly affected your consent to marry.

Do children born in an annulled marriage lose their legal status?

No. Children born during a marriage that is later annulled are still considered legitimate under Maryland law.

What is the process for getting an annulment in Maryland?

You must file a petition for annulment in the Circuit Court and provide evidence supporting your grounds. The court may hold a hearing before granting or denying your request.

Can I get alimony or property division in an annulment case?

Yes. The court may decide on issues such as marital property, child custody, child support, and alimony, similar to a divorce proceeding.

How long do I have to get an annulment?

There is no specific time limit, but generally, you should file as soon as you discover the legal ground for annulment. Waiting may affect your case.

If my spouse refuses to participate, can I still get an annulment?

Yes. If you can prove your case and the court agrees your marriage qualifies for annulment, it may be granted even if your spouse does not cooperate.

Do I need to appear in court for an annulment?

Usually, yes. The court may require testimony and evidence at a hearing to determine if grounds for annulment are met.

Additional Resources

If you need more information about annulment in Maryland, the following resources can be helpful:

• Maryland Judiciary - Family Law Self-Help Center
• Maryland Volunteer Lawyers Service
• Maryland Legal Aid
• Local Circuit Court Clerk’s Office
• Maryland State Bar Association
• Maryland People’s Law Library

Next Steps

If you believe your marriage may qualify for annulment under Maryland law, consider the following actions:

• Gather all documents related to your marriage and any evidence supporting your claim for annulment.
• Consult with an experienced Maryland family law attorney who can evaluate your case and explain your options.
• Ask the lawyer to guide you through the annulment process, including filing the necessary paperwork and representing you in court if needed.
• If you cannot afford a lawyer, contact legal aid organizations or local legal clinics for assistance.
• Stay informed about your rights and responsibilities, especially if children or property are involved.

Taking these steps can help ensure your annulment case is handled correctly and efficiently.