Obtaining an Annulment Rather Than a Divorce: What Does It Mean

Many people mistakenly believe that if a couple has been married for a very short time, one spouse can easily obtain an annulment instead of going through a divorce. While this might be the case in some states, Maryland has its own laws concerning annulments. In Maryland, the possibility of getting an annulment is not strictly tied to how long the marriage has lasted. Rather, specific grounds must be fulfilled for an annulment to be approved. 

What Is an Annulment?

An annulment is a legal procedure that renders a marriage void, signifying that, for all legal intents and purposes, the marriage never took place. In contrast to divorce, which concludes a valid marriage, an annulment effectively erases the marriage from your record.

The Different Grounds for an Annulment in Maryland 

In Maryland, an annulment can only be granted under specific circumstances where the marriage is classified as either voidable or void. It is important to note that the grounds for seeking an annulment are not related to the length of time the couple has lived together as husband and wife, nor is it influenced by a lack of cohabitation or consumation. 

A marriage may be considered void if it is fundamentally invalid for reasons such as:

• Bigamy: If your spouse was legally married to someone else at the time of your marriage, this constitutes bigamy, which is a valid ground for annulment. 
• Consanguinity: If you and your spouse are related within prohibited degrees of kinship, the marriage can be annulled on these grounds. 

In comparison, a marriage is considered voidable if it is legally valid at the time of marriage but can be annulled due to certain issues, such as: 

• Mental Competence: If your spouse was mentally incompetent, legally insane, or incapable of comprehending the essence of marriage during the union, you might be eligible for an annulment. 
• Age: The marriage can be annulled if either party is under 18 and lacks the required parental consent or court approval. 
• Fraud or Coercion: If you entered the marriage based on false representations or were coerced into marrying, these circumstances may warrant an annulment. 
• Lack of Consent: If it can be demonstrated that either party did not legally consent to the marriage due to circumstances such as substance abuse or duress, the marriage can be annulled. 

Additionally, the grounds for annulment must be present before the marriage ceremony. If these reasons arise after the wedding, the marriage cannot be considered void or voidable. As a result, the couple typically must seek a divorce instead.

Legal Annulment vs. Religious Annulment

There are two types of annulment: legal and religious, each serving distinct purposes and guidelines. A “legal annulment” is a court decree that declares a marriage invalid from the outset, pursued through the judicial system by providing evidence that the marriage lacked specific elements. This annulment restores both parties to unmarried status, nullifying all legal obligations. In comparison, a “religious annulment” is a declaration by a religious authority that deems a marriage invalid according to specific tenets of faith. Various religions have their own distinct criteria. For example, the Catholic Church may annul a marriage if one or both parties lacked the intention for a lifelong union or if the proper protocol was not followed. A religious annulment allows individuals to remarry within their faith and acknowledges that the marriage was spiritually invalid.

To Learn More About Annulments and Divorce in Maryland, Contact Rice Law Today 

If you are contemplating divorce and wish to understand the legal process in Maryland, contact Rice Law today to speak with a skilled and dedicated family law attorney about your options.