Divorce Attorney Forestville – Annulments

In Maryland an annulment as opposed to a divorce, is a court decree that your marriage is either void or was never valid.

The common misconception that a spouse can obtain an annulment verses an actual divorce within six months of marriage is misguided.

In the State of Maryland, being awarded an annulment is not that simple. For example, according to Section 8-202 of the Family Law Article, Annotated Code of Maryland, if you are granted an annulment that does not imply you are exempt of spousal support, child support, and divided property. Moreover, there are strict rules that must be satisfied in order to qualify for an annulment.

• First, because an annulment can only be granted if the marriage is either void or invalid, the length of time, or the lack thereof, of both parties residing together does not play a role in being granted an annulment. Further, the grounds for an annulment must arise before the actual marriage ceremony. And not only can a party to the marriage file, it is acceptable for a third party to file for the annulment. A marriage is always considered invalid if one of the criteria is met:
• Either party was legally married to someone else;
• The parties are related by birth or marriage within impermissible degrees, such as parents, grandparents, children, or grandchildren or their spouse or spouse’s children, a brother or sister or their children, an aunt or uncle, a stepparent or step-child, or a spouse’s parent, grandparent, or grandchild; or,
• Either party was legally insane or otherwise mentally incompetent to enter the contract.

Even if you satisfy one or more of the criteria above, your marriage is still valid until you have been granted an annulment by the court, and only the victimized party may challenge the validity of the marriage.

A marriage is voidable if:

• at the time of the marriage ceremony either party was not of legal age, or did not receive parental consent;
• the marriage was entered and consent produced under duress meaning physical force; or fraud, such as, misrepresentation or concealment from one party to the other that is essential to the marriage; or
• either party lacked understanding to consent; generally due to a mental illness;
• the marriage ceremony was preformed by someone without legal authority.

If you are seeking an annulment, you should at least speak to an experienced divorce attorney Forestville. We are experienced and know the ins and outs of the family law court system, take advantage of our fee consultation policy, call us today. We will help you understand the annulment process, examine the facts of your case, and answer your questions and concerns. Call now, we can help you.

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