• Marie-Yves Nadine Jean-Baptiste

How Do I Get an Annulment in Maryland?

Updated: Oct 7, 2021

An annulment is a decree that is applied to a marriage where it states that the marriage never happened in the first place. When you get an annulment, the marriage for all legal purposes is dissolved and never happened. The action of an annulment needs to be granted by a court in Maryland, and it is not as easy as the snapping of fingers. There are many reasons why courts in Maryland do not want to grant an annulment to end a marriage. It will be important to decide if you really need an annulment or a divorce when making the decision to end your marriage.

Maryland Courts Prefer to Grant a Divorce to an Annulment

The court in Maryland is much more likely to grant you a divorce to end your marriage union than an annulment. The reason for this is that there need to be specific grounds that the court will want to see when filing for an annulment. You can file for an annulment in the county where you live, or where you were married in Maryland. And you are expected to file for an annulment as soon as you have the reasons for seeking this type of decree. The marriage will need to be shown to the court to be invalidated for some reason, and there are specific reasons that do apply in these cases.

Void and Voidable Marriages

If your marriage is void, it is invalidated in Maryland. Examples of a void marriage include:

  • You or your partner were already married at the time of your marriage to each other.

  • You are closely related by birth or marriage to your spouse.

  • You or your spouse are legally insane or were mentally incompetent to get married when you did marry.

A voidable marriage has the potential to be declared invalid and voided by the court. Think of a voidable marriage as “almost” voided. There are some reasons that a marriage will be declared voidable, such as:

  • You or your spouse are under aged (without parental consent, or the special case of pregnancy)

  • You or your spouse are physically incapable of consummating the marriage (intercourse)

  • You or your spouse are forced to marry

  • You or your spouse did not consent to marry

  • The person who performed the ceremony had no legal authority to do it

Examples of Void and Voidable Marriages

Let’s look at a few examples of void and voidable marriages. A void marriage is if your spouse asked you to marry, you agree and get married, but your spouse did not legally end a prior marriage first. This makes your marriage (your spouse’s second marriage) void. Another example of a void marriage is if you marry someone who you are related by a closely related family degree. For example, if you do not know your family tree, and marry someone who is closely related to you by birth or marriage, this marriage is going to be considered void.

For voidable marriages, there are some examples to review here too. If you are being threatened to marry someone out of duress, this marriage may be declared voidable by the court, after a careful review of the facts. Similarly, if you are married by a friend in the backyard because it was “such a nice day to get married,” this is not considered a formal marriage as there was not a licensed person to officiate the ceremony (your best friend cannot perform a ceremony).

Maryland Annulment Legal Help- The Saint Yves Law Firm

Of course, there will be many fine details in your case regarding receiving an annulment in Maryland. If you have questions regarding whether you will be eligible for an annulment in this state, schedule a consultation with our office, and let's talk. We will be able to advise you as to your eligibility for an annulment in Maryland regarding the details of your situation.


Recent Posts

See All