How to File an Annulment in Annapolis?
For individuals seeking to end a marriage, an annulment offers a legal alternative to divorce in specific circumstances. Unlike a divorce, which dissolves a valid marriage, an annulment declares that the marriage was never legally valid in the first place. This distinction has important legal, emotional, and financial implications. Understanding the annulment process is essential for anyone who believes their marriage may be void or voidable under Maryland law. The following overview outlines key considerations and steps involved in filing for an annulment in Annapolis and throughout the state.
Understanding Grounds and Eligibility for Annulment
Before pursuing an annulment, it is important to understand whether the circumstances of the marriage meet the legal standards required for this type of legal action. In Maryland, a court may grant an annulment if there is a valid reason demonstrating that the marriage should never have been recognized in the first place. These reasons are typically based on legal defects present at the time the marriage took place.
Some of the most common grounds for annulment include bigamy, where one party was already married to someone else at the time of the union, and incest, where the spouses are closely related by blood. Other qualifying grounds include fraud, duress, coercion, mental incapacity, and some situations in which one or both parties were underage and lacked proper consent or parental approval.
It is important to note the difference between void and voidable marriages. A void marriage is considered invalid from the beginning, regardless of whether a court declares it annulled. A voidable marriage, on the other hand, is legally valid until a court declares it otherwise. Many of the grounds for annulment fall under the voidable category, which requires a legal proceeding to have the marriage set aside.
Not all problematic marriages qualify for annulment. Issues such as incompatibility, irreconcilable differences, or infidelity do not typically meet the requirements for annulment and are instead handled through divorce proceedings. Consulting with a family law attorney can help determine whether annulment is an appropriate course of action based on the unique facts of the case.
Steps to File for an Annulment in Maryland
Filing for an annulment follows a formal legal process, similar in some respects to filing for divorce, but with a different legal foundation. Individuals seeking an annulment must file a petition with the circuit court in the county where either spouse resides. For residents of Annapolis, this is typically the Circuit Court for Anne Arundel County.
The petition, often referred to as a Complaint for Annulment, must outline the basis for the annulment and provide supporting facts. This includes identifying the grounds being asserted, along with relevant evidence such as witness statements, documents, or testimony that demonstrate the marriage’s invalidity. The individual filing the petition is known as the plaintiff, while the other spouse is referred to as the defendant.
After the petition is filed, it must be properly served on the defendant according to the rules of civil procedure. The defendant then has the opportunity to respond to the allegations in the complaint. If the defendant contests the annulment, the case may proceed to a hearing where both parties present evidence and arguments. If the court finds that sufficient grounds exist, it will issue a judgment of annulment.
Besides determining the validity of the marriage, the court may also address related issues such as property division, child custody, child support, and alimony. Although annulments declare that a marriage never legally existed, courts still have the authority to make determinations that protect the rights and interests of both parties and any children involved.
Annapolis Divorce Lawyers at Oliveri & Larsen Will Help You Get a Fresh Start
If you believe your marriage may qualify for annulment, the experienced Annapolis divorce lawyers at Oliveri & Larsen are here to guide you through the process with care and professionalism. Contact us online or call us at 410-295-3000 to schedule your consultation. Located in Annapolis, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.