Annulment in Maryland
When a marriage is treated as never having been valid, and why it is rarer than people expect.
An annulment declares that a valid marriage never existed. A divorce ends a marriage that did exist. People often ask for the first when what they need is the second, usually because the marriage was short or they feel misled. Maryland courts grant annulments sparingly, and the grounds are narrow.
Void and voidable
Maryland divides invalid marriages into two categories, and the difference decides who can act and when.
Void marriages
These are invalid from the beginning and treated as though they never happened. The two situations are:
- One party was already married to someone else
- The parties are related within the degrees Maryland prohibits
Because the marriage was never valid, anyone with an interest can ask a court to declare it so, at any time. A decree is still worth obtaining, because it puts the status beyond argument.
Voidable marriages
These are valid unless and until a court says otherwise, and only the party who was wronged can ask. The grounds include consent obtained by fraud, duress, undue influence or abduction, and a lack of the mental capacity to understand the marriage contract.
There is an important limit. If the couple continues to live together after the reason has ceased to exist, for example after the deceived spouse learns the truth, annulment is generally no longer available. Continuing the marriage with knowledge ratifies it.
Timing and proof
An annulment action should be brought within a reasonable time after the grounds become known. And the burden is higher than in an ordinary civil case: the evidence must be clear and satisfactory. Between the narrow grounds, the timing requirement and the standard of proof, most people who ask about annulment end up proceeding by absolute divorce, which since October 2023 no longer requires proving fault.
What fraud means here
Not every deception is enough. The misrepresentation generally has to go to the essence of the marriage relationship itself. Disappointment about character, finances or intentions, however real, is usually not the kind of fraud that voids a marriage.
Children are not affected
An annulment does not make children of the marriage illegitimate, and it does not disturb their status. Custody, access and support are decided on the same standards as in any other case. See custody factors and child support.
Property and support
A court granting an annulment can address property rights, order child support, and award alimony. It is not a proceeding without financial consequences.
Religious annulment is a separate thing
A religious annulment granted by a church tribunal has no effect on marital status under Maryland law, and a civil annulment has no effect within a religious body. People sometimes need both, and they are obtained separately.
Related
Official resources
Talk with a Towson attorney
The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.
This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.