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Recognizing the emotional toll this period can take, we’re dedicated to finding solutions that are both effective and mindful of your financial well–being. Ultimately, this is your life and your case; rest assured, no decision will be made without your full involvement and approval.
If you’re searching for an experienced and trustworthy family law attorney, reach out to The Bishop Law Group today to discuss your situation. Our firm is proud to serve clients across Maryland, including Baltimore, Ocean City, and other surrounding communities.
Understanding the Annulment Process
Marriage is a major commitment, often entered with optimism and expectation. However, there are instances where a marriage may have been legally flawed from the start.
Some people may discover that their spouse was dishonest about crucial aspects, lacked the capacity to provide consent, or was already married to someone else. In such cases, an annulment may be the appropriate legal remedy.
An annulment is a process that effectively nullifies a marriage, meaning the marriage is treated as if it never legally existed. Unlike divorce, which ends a valid marriage, annulment establishes that a marriage was never valid in the first place.
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What Is an Annulment?
In Maryland, an annulment is a legal procedure where a court determines that a marriage was void or voidable from the start.
- Void marriages are never valid under the law, meaning they never legally existed.
- Voidable marriages are initially valid but may later be declared invalid based on certain pre-existing conditions.
Whether a marriage is void or voidable, an annulment ensures that the legal implications of the marriage are erased.
Annulment vs. Divorce
Although annulments and divorces both dissolve marriages, they differ in important ways.
Annulments focus on circumstances that existed before the marriage ceremony, such as:
- Fraud
- Coercion
- Incapacity
Divorces end marriages that were legally valid but have become unsustainable due to reasons such as:
- Separation
- Misconduct
- Irreconcilable differences
Regardless of whether you pursue an annulment or a divorce, Maryland courts may still:
- Establish child custody and visitation rights
- Award child support and alimony
- Resolve disputes over marital property
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Legal Reasons for Annulment
To obtain an annulment in Maryland, you must prove that your marriage was legally invalid based on specific grounds. These fall into two main categories: void marriages and voidable marriages.
Void Marriages
A void marriage is legally invalid from the beginning, meaning it was never recognized as a lawful union. Maryland law recognizes the following circumstances as grounds for a void marriage:
- Bigamy – If one spouse was already married to someone else at the time of the wedding, the second marriage is automatically invalid.
- Close familial relationship – If the spouses are related more closely than first cousins (such as siblings, parents and children, or uncles and nieces), the marriage is prohibited.
- Mental incapacity – If one spouse lacked the mental ability to provide informed consent due to a severe mental condition, the marriage is considered void.
Voidable Marriages
Unlike void marriages, voidable marriages remain legally valid until one spouse formally petitions the court to annul the marriage.
- Underage marriage – If one spouse was under 18 years old at the time of the wedding and did not receive parental or legal consent, the marriage may be annulled.
- Fraud, duress, or misrepresentation – If a spouse lied, deceived, or coerced their partner into marriage under false pretenses, an annulment may be granted.
- Temporary incapacity – If a spouse was unable to provide proper consent at the time of marriage due to intoxication, mental illness, or another impairment, they may challenge the marriage in court.
Challenges in Securing an Annulment
Maryland courts often approach annulment requests cautiously, as they require clear and convincing evidence that the marriage was invalid from the start. Even if an annulment is granted, courts may still rule on property division, child custody, and financial support based on the circumstances of the case.
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Bigamy and Its Consequences
One common reason for annulment involves accidental bigamy, which occurs when one party unknowingly enters into a second marriage while already legally married. This can happen under the following conditions:
- A previous marriage was never dissolved due to a legal misunderstanding.
- A spouse was married under common-law marriage in another state.
- A divorce was not finalized before a new marriage took place.
In certain situations, a third party, such as the first spouse, may petition the court to annul the second marriage.
Deception in Marriage
Fraud-based annulments can be difficult to prove, as courts require significant evidence that fraud affected an essential part of the marriage. Some examples of fraud that may lead to annulment include:
- Misrepresentation about parentage or an existing pregnancy
- Concealing medical or mental health issues that significantly impact the marriage
- Marrying for immigration benefits under false pretenses
- Misleading a spouse about the ability or desire to have children
Annulments can be complex legal matters, and working with a knowledgeable attorney can help ensure that your case is handled properly.
Contact a Baltimore Family Law Attorney Today
If you believe your marriage qualifies for annulment, seeking legal advice is essential. The Bishop Law Group can provide guidance throughout the process. Contact us to schedule a consultation.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
