The Difference Between a Divorce and an Annulment in Maryland

In Maryland, marriages are 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 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 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.

The records contained in documents related to family court include both 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 in order to make changes in the future. 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. In many cases, these records are not available through either government sources or third party public record websites.

What is an Annulment in Maryland?

An annulment declares a marriage as void due to grounds unrecognizable under the law. These grounds include marriage between persons who are related by blood. For example, marriages between a person and the 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 the 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) maintain annulment records. The Division of Vital Records cannot provide a certified copy of an annulment record but can only provide verifications of annulment. To obtain a certified copy of an annulment record, parties can 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 to submit proof of identification before the clerk to access the document.

Annulment vs Divorce in Maryland

Annulment and absolute divorce serve a function of terminating a marriage but in different ways. An absolute divorce ends a marriage by releasing both spouses from the commitments of the marriage, 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 couples 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 spouses or a third party. A court will schedule a hearing to hear testimony to justify why 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. If the court can sufficiently establish a valid reason for annulling a marriage, an annulment may be granted. An annulment can stretch into a long 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 draining than a divorce financially. An annulment can become more expensive than a divorce if the annulment has to address matters such as the wellbeing of a child from the marriage and the division of assets between the spouses. The involvement of attorneys can also raise an 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 will have to be filed; Complaint for Absolute Divorce form, child support guidelines worksheet (if children are involved), and a Marital Settlement Agreement Form. These forms are available online. The documents have to be filed with the Family Court, after which the two spouses will have to 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 Be Accessible From Some Third-party Websites. These Websites Often Make Searching Simpler, As They Are Not Limited By Geographic Location, And Search Engines On These Sites May Help When Starting A Search For A Specific Or Multiple Records. To Begin Using Such A Search Engine On A Third-party Or Government Website, Interested Parties Usually Must 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 That Person Resides In Or Was Accused In.

Third-party Sites Are Independent From Government Sources, And Are Not Sponsored By These Government Agencies. Because Of This, Record Availability On Third-party Sites May Vary.

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 at the office of the clerk. Only certain persons are eligible to receive a copy of a divorce decree;

• Both of the spouses 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?

A divorce decree is not available electronically in Maryland. 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 verification of divorce online. Only eligible persons are authorized to receive this information.