When a marriage doesn’t turn out as planned, couples in Maryland may wonder whether they qualify for an annulment instead of a divorce. Unlike divorce, which ends a legally valid marriage, an annulment declares that the marriage was never legally valid in the first place. While annulments are less common than divorces, they are an important legal option for certain circumstances.
If you’re considering an annulment in Maryland, it’s essential to understand the criteria, process, and implications. At the Law Office of LaSheena M. Williams, P.C., we’re here to guide you through your options and help you determine the best course of action.
What Is an Annulment?
An annulment is a legal procedure that nullifies a marriage, treating it as though it never occurred. In Maryland, annulments are only granted under specific circumstances, and the burden of proof lies with the party seeking the annulment.
Grounds for Annulment in Maryland
To qualify for an annulment, you must demonstrate that your marriage meets one of the following legal criteria:
1. Fraud or Misrepresentation
If one spouse entered the marriage based on fraudulent information or misrepresentation, the marriage may be annulled. Examples include:
- Concealing a significant fact, such as an inability to have children.
- Marrying under false pretenses.
2. Bigamy
If one spouse was already legally married to someone else at the time of the marriage, the marriage is invalid and can be annulled.
3. Incest
Marriages between close relatives, such as siblings, parents, or first cousins, are prohibited and can be annulled in Maryland.
4. Mental Incapacity
If one spouse lacked the mental capacity to consent to the marriage at the time it occurred (e.g., due to intoxication or a mental health condition), the marriage may be annulled.
5. Underage Marriage
If one or both parties were underage at the time of the marriage and did not have proper parental consent or court approval, the marriage may qualify for an annulment.
6. Coercion or Duress
If one spouse was forced or pressured into the marriage against their will, the marriage may be annulled.
7. Non-Consummation
In some cases, a marriage that was never physically consummated may be annulled.
How to Seek an Annulment in Maryland
The process for obtaining an annulment involves several steps:
1. Consult an Attorney
Because annulment laws in Maryland are specific and require clear evidence, consulting an experienced attorney is essential. They will evaluate your situation and determine whether you meet the legal criteria for annulment.
2. File a Complaint for Annulment
To initiate the annulment process, you must file a Complaint for Annulment in the appropriate Maryland court. The complaint should outline the grounds for annulment and include supporting evidence.
3. Serve the Other Party
The other spouse must be formally notified of the annulment filing. They have the right to respond and contest the annulment if they disagree with the grounds.
4. Attend a Hearing
The court will schedule a hearing to review the evidence and determine whether the marriage meets the legal requirements for annulment. Both parties can present their case, and the judge will issue a ruling.
5. Receive the Annulment Decree
If the court grants the annulment, it will issue a decree that officially nullifies the marriage.
Implications of an Annulment
Annulments differ from divorces in several key ways:
1. Legal Status
An annulment declares that the marriage was invalid from the beginning. Legally, it is as if the marriage never occurred.
2. Property and Support Issues
Unlike divorce, annulments may not automatically address issues such as property division, spousal support, or debt allocation. However, you may still file separate legal actions to resolve these matters.
3. Child Custody and Support
If children were born during the marriage, their legitimacy is not affected by the annulment. Custody and child support are handled separately through family law proceedings.
When to Consider Divorce Instead of Annulment
While annulments are appropriate for certain situations, they are not suitable for every case. If your marriage does not meet the legal criteria for annulment, divorce may be the better option for ending the relationship and resolving issues such as property division and support.
Why Work with the Law Office of LaSheena M. Williams, P.C.?
Navigating the annulment process can be complex, but having an experienced attorney by your side ensures that your case is handled effectively. At the Law Office of LaSheena M. Williams, P.C., we provide:
- Personalized Guidance: We’ll evaluate your situation and advise you on whether annulment or divorce is the best option.
- Skilled Advocacy: Our team will handle every aspect of your case, from filing the necessary paperwork to representing you in court.
- Comprehensive Support: Whether you need assistance with custody, support, or property issues, we’re here to help.
Take the Next Step Today
If you believe your marriage qualifies for an annulment in Maryland, contact the Law Office of LaSheena M. Williams, P.C. to schedule a consultation. Let us guide you through the process and ensure your rights are protected.
Your path to clarity starts here. Reach out today for expert legal support in navigating your annulment or divorce in Montgomery County, Maryland.