The Difference Between a Divorce and an Annulment in Maryland

Generally, there are three ways in which a marriage can end: death, divorce, or annulment.  Death needs no further elaboration, and divorce is the most commonly thought of endpoint to a marriage if death doesn’t come first. However, the less contemplated end to a marriage is by annulment. The primary difference between divorce and annulment is that divorce terminates a valid marriage, whereas annulment is a court declaration that the parties’ marriage was never valid because it was either void or voidable. An annulment completely terminates a marriage, leaving both spouses free to remarry. In fact, when a court grants an annulment, the spouses are considered to have never been legally married to each other. 

An annulment is a legal proceeding in which a marriage is determined to be void or voidable based on the following reasons:

• Bigamy
• Marriage to a person who is a close relative 
• Marriage that happened due to a threat, duress, or fraud
• Mental incapacity to enter a marriage contract
• The illegitimacy of the officiating authority

There may be additional reasons that will deem a marriage to be void or voidable. Below are some important questions about annulment of a marriage.

What Does It Mean to Enter Into a Marriage by Fraud?

A marriage can be annulled if it is entered into by fraudulent means. This means that one spouse lied or misrepresented something that was material, and the other spouse relied on that lie or misrepresentation in making the decision to enter into the marriage. One common example is a woman telling her partner that she is pregnant when she is not, and her partner relying on this in entering into the marriage. Other examples include misrepresentation or lies regarding one partner’s desire to build a family, or a partner’s ability or inability to have children.  Fraud must be proven by evidence or witness testimony. 

Is an Annulment Cheaper Than Divorce in Maryland?

An annulment in Maryland is often less expensive than a divorce. However, an annulment can become more expensive if it has to address matters such as the well-being of children from the marriage and the division of assets between the spouses. The involvement of attorneys can also increase the annulment cost compared to the cost of an uncontested divorce resolved without the assistance of attorneys.

What is the Status of the Children of an Annulled Marriage?

Children are not deemed “illegitimate” by the granting of an annulment. However, child custody, visitation, and child support will need to be resolved. By understanding how annulment intersects with family law, you can ensure that you make decisions in the best interest of your child.

What is the Difference Between a Church Annulment and a Civil Annulment?

The Catholic Church can offer annulments in specific situations. A Catholic annulment is a declaration by a church tribunal that a marriage, despite outward appearances, lacked an essential element required for a valid union from its inception. This means the church recognizes that a true, sacramental marriage, which is considered indissoluble, never actually existed. 

A Catholic annulment does not dissolve a civil marriage, nor does it affect the legitimacy of children born of the union in the eyes of the church or civil law. The purpose of obtaining a declaration of nullity is to clarify one’s marital status within the church, potentially allowing for a future marriage in the church if no other impediments exist.

How Do I Start an Annulment and What are the Steps Involved?

First, you are encouraged to speak to a Maryland divorce attorney who can guide you through the process and ensure that your case is handled correctly and efficiently. During your initial consultation, your divorce lawyer will review the details of your marriage, the grounds for annulment, and any evidence you have. Next, your attorney will help you complete and file a petition for annulment with details about you and your spouse, specifics about your marriage, and the specific grounds for annulment.  

After your initial meeting and the completion of the petition for annulment, your attorney will assist with notifying your spouse that you are seeking an annulment, which typically involves delivering the notice through certified mail, a private process server, or a sheriff, depending on your state’s rules. Your spouse has 30 days to file an answer if they reside in Maryland, 60 days if out of state, and 90 days if outside the country. They may admit or deny the allegations or file a counterclaim. 

When your hearing date comes, you and your spouse will have the chance to present your cases. You may need to provide evidence and witness testimony to support your grounds for annulment. The court will consider all the information presented before making a decision. If the judge rules in your favor, he or she will issue a decree of annulment and declare the marriage null and void. 

Is There a Statute of Limitations For Getting a Marriage Annulled?

In some states (including Maryland), there is no timeframe for annulment of a marriage. You can file for annulment at any time, although the sooner you file, the better. Other states, however, have specific time limits. 

Where Can I Get My Annulment Records?

In the state of Maryland, annulment records are maintained by the Office of the Circuit Court where the annulment was granted. You will also, in most cases, be able to receive these records at the Division of Vital Records of the Maryland Department of Health. These records are considered confidential. 

Contact The Law Offices of Brandon Bernstein Today

If you are preparing to pursue a divorce or an annulment in Maryland, we encourage you to schedule a free initial consultation. To speak with Bethesda divorce attorney Brandon Bernstein in confidence, please call 240-395-1418 or request an appointment online today.