The Difference Between a Divorce and an Annulment in Maryland

In Maryland, marriages are generally dissolved through divorce and annulment. There are two types of divorce in Maryland: limited and absolute divorce. A limited divorce does put an end to a marriage permanently, and the spouses are not free to remarry. However, an absolute divorce and an annulment completely terminate a marriage and leave both spouses eligible to remarry. The effect of each process under Maryland law is distinct and specific. An absolute divorce usually ends an existing marriage while resolving all matters arising from the ending marriage. On the other hand, an annulment invalidates a current marriage established on a basis defined under Maryland law as unrecognizable grounds for marriage. The Maryland Judicial Authority, through the Circuit Court, is responsible for annulling marriages or granting divorces to spouses eligible for such processes.

What is a Maryland Divorce Decree?

A Maryland divorce decree is a record of all final court judgments regarding a divorce. This primarily covers vital parts of the divorce and entails the court’s order on child custody, child support, alimony payment, property division, attorney fees payment, debt payment, or the agreement between both parties. The Clerk of the Circuit Court collates and preserves divorce decrees.

Family court documents generally include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records results in both being considerably more difficult to find and obtain when compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in Maryland?

An annulment declares a marriage void based on legal grounds, including marriage between persons who are related by blood. For example, marriages between a person and their grandparents, parents, child, sibling, grandchild, stepparent, stepchild, or other relations. Other acceptable reasons include marriage under threat or duress, marriage by fraud, a lack of mental capacity to enter a marriage contract at the time of the marriage, and illegitimacy of the officiating authority at the marriage. If the court grants the annulment, both spouses are considered in the eyes of the law to have never been married to each other.

The Office of the Clerk of the Circuit Court at which the annulment was granted, and the Division of Vital Records of the Maryland Department of Health (MDH) typically maintain annulment records. The Division of Vital Records does not provide a certified copy of an annulment record, but may offer verifications of annulment. To obtain a certified copy of an annulment record, parties may visit the clerk’s office at the Circuit Court that handled the annulment case. Annulment records are confidential in Maryland and are obtainable by the spouses on the record, an authorized representative of either spouse, or the attorney representing either spouse. Requestors are required to submit proof of identification to the clerk to access the document.

Annulment vs Divorce in Maryland

Annulment and absolute divorce serve to terminate a marriage, but in different ways. An absolute divorce ends a marriage by releasing both spouses from their commitments, while an annulment denounces a marriage as not valid by court order. The spouses whose marriage is terminated by a divorce are recognized as being previously married. However, persons with an annulled marriage are considered to have never been married to each other.

To obtain an absolute divorce in Maryland, the couple must establish a valid ground for divorce before the court. Considerable grounds for an absolute divorce include mutual consent, insanity, committing a crime that attracts sentencing of at least three years, and adultery. An absolute divorce process begins by filing a Complaint for Absolute Divorce form in the circuit court, then serving the other spouse with a copy of the document. The other spouse responds to the complaint by submitting an answer to the Circuit Court or replying with a Counter-Complaint about the statements in the form. If either party raises a dispute with any of the statements in the complaint filed with the court, mediation or a court trial are possible ways to settle the dispute. If the complaint is uncontested, both parties will draw up a settlement agreement to be submitted to the court and approved by a judge. After all the divorce matters have been settled, the judge may grant the divorce after some time.

An annulment process starts by filing a Complaint for Annulment in the circuit court by either spouse or a third party. A court will schedule a hearing to hear testimony to justify the annulment. The justification has to be based on one or more of the provisions of Maryland law, which states the conditions that make a marriage voidable. An annulment may be granted if the court can sufficiently establish a valid reason for annulling a marriage. An annulment can stretch into a lengthy legal process if a marriage has minor children or assets to be considered.

Is an Annulment Cheaper Than Divorce In Maryland?

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

What is an Uncontested Divorce in Maryland?

A divorce filed with mutual understanding is referred to as an uncontested divorce. Such a divorce requires both parties to agree on the divorce outcome, including child custody and support. This type of divorce is relatively easier and progresses much faster than other divorce types. Legal Rights in Marriage & Divorce in Maryland addresses uncontested divorce.

Where to Get an Uncontested Divorce Form in Maryland

To file for divorce on the grounds of mutual consent (uncontested divorce) in Maryland, the following forms must be filed; the Complaint for Absolute Divorce form, the child support guidelines worksheet (if children are involved), and the Marital Settlement Agreement Form. These forms are available online. The documents must be filed with the Family Court, after which the two spouses must attend an uncontested divorce hearing.

Maryland’s Public Information Act protects divorce files from public scrutiny. Divorce records are accessible only to the spouses involved in the case and representatives of either spouse. The public cannot access any part of a divorce record, uncontested or not.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in Maryland?

The Office of the Clerk of the Circuit Court maintains divorce decrees. A divorce decree is accessible through in-person visits to the clerk's office. Only certain persons are eligible to receive a copy of a divorce decree:

• Both spouses are involved in the divorce.
• Representative of the couples.
• An attorney of either spouse with evidence of representation.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Bearing these factors in mind, record availability for these types of records cannot be guaranteed.

How Do I Get A Maryland Divorce Decree Online?

In Maryland, a divorce decree is not available electronically. The only divorce information obtainable online is the verification of divorce. Mail order is also possible. The Division of Vital Records of the Maryland Department of Health preserves the verification of divorce online. Only eligible persons are authorized to receive this information.