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In the past, we’ve discussed different avenues people can take to pursue a divorce. For instance, we’ve mentioned the ins and outs of mediation, and highlighted the benefits of this alternative to divorce. As it turns out, there is another path to separation which is actually totally unlike divorce: annulment. In this post, we will discuss the basics of annulment and the process involved with obtaining one in Maryland.
Basics of Annulment
As mentioned, annulment is quite different from divorce. A divorce is a formal ending of a marriage, but a divorce implies that the marriage itself was valid. An annulment is also basically a formal ending of a marriage. However, unlike a divorce, it means that the marriage was invalid to begin with. In other words, it’s a formal declaration that the underlying marriage never actually existed. The reason behind an annulment is that the marriage suffered from one or more defects. This means the parties can actually state that they were never married to each other. This can have significance in a variety of contexts. Although annulment declares a marriage invalid, courts can still be involved to determine issues related to this legal matter. Some of these issues might be child support, spousal support, custody and other similar matters.
Grounds for Annulment in Maryland
In order to obtain an annulment, there need to be adequate grounds. In the State of Maryland, a person needs to identify legitimate grounds for it to be granted. Maryland recognizes the following as grounds for annulment:
- Coercion or duress
- Fraud
- Mental incapability
- Bigamy
- Kin marriage or incest
- Insufficient age
These grounds are straightforward. Because these grounds have conditions attached to them, you should be aware of these conditions. For instance, for coercion or duress, the threat of force must be present at the time of the actual ceremony. It cannot be something in the remote past. When it comes to age, both parties must be 18, unless parental consent is acquired. In addition, the party in question must have been at least 16 or 17. What’s more, the age of 15 is potentially allowable, too. However, there must be parental consent and the 15-year-old must be pregnant at the time of marriage.
Annulment Process
The procedure for obtaining an annulment follows many of the familiar steps involved with other legal processes. Initially, the person must file a “Complaint for Annulment". The complaint must contain certain information about the marriage itself. It must also include personal information about the parties involved and any children shared between the parties. You will need to specify the grounds on which your marriage is able to be annulled. In addition, you will need to identify whether you will need court assistance in determining the issues associated with this legal matter. As mentioned above, issues might include child support and/or alimony. You must deliver a copy of the complaint to your spouse and then testify at a formal court hearing. The court will only grant the annulment if there is sufficient evidence to do so.
Contact The Murphy Law Firm for More Information
This is just an overview of the annulment process. For more information, please contact The Murphy Law Firm by calling 240-493-9116.
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