Understanding Marriage Annulment in Maryland

Under Maryland law, annulment is a court order declaring that a marriage is void. This means the court considers the marriage to have never existed in the first instance. A marriage annulment differs significantly from divorce, as it ends a legally valid marriage. Meanwhile, marriage annulment indicates that the marriage was invalid from the beginning.

A person may seek marriage annulment due to reasons such as bigamy, deceit, evidence of close kinship, or the indication that one party was either underage or lacked the mental capacity to marry. For a marriage annulment to be legally valid, a court must issue an annulment decree that immediately renders the marriage void and reverts both parties’ marital status to single. This allows them to immediately remarry or resume using their former names before the marriage.

Note: Although annulments render the marriage void, the marriage record may remain visible in public records.

Grounds for Annulment in Maryland

In Maryland, a marriage may be annulled if it is considered void or voidable. A void marriage is legally invalid from the inception of the marriage. Factors like bigamy, incest, mental incapacity, or underage marriage without parental consent automatically qualify a marriage as void.

A voidable marriage, however, remains valid until a spouse contests it or a court annuls it. A marriage is considered voidable if marital consent was obtained by abduction, fraud, or coercion, or if the other party lacked mental capacity to refuse the union at the time of the marriage.

Maryland Family Law Code §2-202 declares marriages between individuals of specific degrees of relationship void, and is thus a legal basis for marriage annulment in the state. The state also recognises bigamy, mental incapacity, underage marriage, coercion, and fraudulent representation of essential details pertaining to marriage and marital life as legal grounds for a marriage annulment.

For instance, knowingly concealing details about consummation of the marriage or hiding the inability to impregnate a spouse, or to conceive, may constitute legal grounds for an annulment. Additionally, a marriage may also be annulled on the grounds of non-consummation.

Eligibility Requirements for an Annulment in Maryland

Either spouse may seek annulment in Maryland. To file for annulment, a “complaint for annulment” must be submitted to either the local county court where the couple lives or the county where the ceremony occurred. Moreover, at least one spouse must have lived in Maryland for a year before they may file for annulment.

While filing for annulment, the plaintiff must specify the legal grounds for annulment and must prove these grounds in court. The complaint for annulment must be filed within a reasonable time (usually weeks or months after discovery) from the plaintiff discovering the ground for annulment.

In void marriages, either spouse or a third party may file for annulment. In voidable marriages, only the spouses may file for annulment (no third parties are allowed). Additionally, a spouse may file for annulment of the marriage only while the other spouse is alive. The death of either spouse rescinds the right to file for annulment.

How to Get a Marriage Annulled in Maryland

Depending on how readily the other spouse accepts the complaint for annulment, the entire process (from filing to a court decree of annulment) could take 3-6 months. However, factors such as court schedules or a contested annulment may prolong the process for up to 12 months. Typically, getting a marriage annulled in Maryland involves the following steps:

1. Confirm Eligibility for Annulment: Carefully confirm that your marriage tallies with grounds for possible annulment under Maryland law. This is important as Maryland courts are more inclined to grant divorces than annulments. Hence, they require clear proof of grounds for annulment.
2. Fulfill residency requirements, and confirm where to file: Verify that at least one spouse has resided in Maryland for at least a year before filing. Complaints for annulment may be filed in either the county where the plaintiff/petitioner lives, where the marriage occurred, or where the defendant lives or works.
3. Prepare and file a complaint for annulment: File a complaint with the chosen county court. This complaint for annulment should include the plaintiff’s name as well as the defendant’s. It should also state the date and place of the marriage, as well as whether any children were born during the marriage. Most importantly, it must state the grounds for annulment and be filed within a reasonable time of discovering the grounds.
4. Serve Your Spouse a copy of the Complaint: Officially notify your spouse of the complaint for annulment through the approved methods of service, giving them a chance to respond to the claims, raise counterclaims, or contest the entire annulment.
5. Attend Court Hearings: After serving the defendant, the court then holds a hearing where the petitioner is expected to prove the grounds for annulment beyond a reasonable doubt. Maryland courts require that the proof for annulment be clear and satisfactory; hence, it is important to present solid evidence and documentation for a successful marriage annulment.
6. Adhere to Court Decision: If all grounds are proven, the court then issues an annulment decree declaring the marriage either void or voidable. The court also resolves issues such as child custody, alimony, and the division of assets.

Note that it is essential to get a certified copy of the annulment from a court clerk for personal, financial, or legal purposes.

Additionally, the annulment process in Maryland may vary slightly by county. Some of these slight differences include: filing fees, filing categories, local forms, availability of court forms, scheduling timelines, or clerical procedures.

Required Forms and Documentation for an Annulment in Maryland

The following documents are essential to file an annulment in the state of Maryland:

1. Domestic Case Information Report (Form CC-DCM-001): This form allows the court to identify the category of family law issue easily. It is required, along with the annulment notice.
2. Complaint for annulment: This is the major document needed for annulment, and it usually contains identifying information of the plaintiff and defendant, their children (if applicable), grounds for annulment, and terms requested (eg, change to former name)
3. Summons: This is usually served to notify the defendant of annulment and contains instructions on how to respond.
4. Proof of Service: Maryland courts require documentation to prove that your spouse has been served the notice of annulment.
5. Marriage Certificate: Before an annulment decree may be issued, a copy of the marriage certificate is needed to establish the marriage date and location.
6. Supporting Documents: These documents should contain evidence of the grounds for annulment. For instance, if the annulment ground is bigamy, documents proving that the other spouse indeed committed bigamy must be provided.
7. Financial statements: If alimony or requests for assets division are included in the filing for annulment, disclosure of financial statements then becomes necessary.

The above forms may be obtained from the Maryland judiciary website, the circuit court clerk’s office, or the court forms search tool.

Where to File for an Annulment in Maryland

In Maryland, annulments may only be filed in circuit courts, as they have a family division that handles domestic cases. Statewide, the legal process for annulment is the same, but county-specific circuit courts may have different forms and procedures. The best way to ensure you understand a county’s forms and procedures is to visit the county clerk’s office for specific details.

Filing Jurisdiction:

Typically, Maryland law allows an annulment case to be filed:

• In the county, the marriage ceremony took place.
• In the county where either spouse works.
• In the circuit court of the county where either spouse currently resides, or has resided for at least one year before filing.

Visit the Maryland circuit court directory to find out which courthouse is best to file your annulment.

Annulment Timelines and Waiting Periods in Maryland

Unlike divorce proceedings, there are no explicit waiting periods for filing an annulment in Maryland. Depending on whether the annulment is contested or not, the entire process (from filing the complaint for annulment to the court’s final decree) could take between three and six months or longer.

Some other factors that could slow down the process include:

• Failure to serve the other spouse with the complaint of annulment.
• Missing or incomplete documents.
• Issues with child custody and support.
• Need for expert evidence or witnesses.

Costs and Court Fees for an Annulment in Maryland

When filing for a marriage annulment in Maryland, the following fees are usually required:

1. Court Filing fees: Maryland circuit courts require a $165 fee for the initial filing of new civil or domestic cases.
2. Service Costs: This refers to the cost incurred in serving the other spouse with the complaint of annulment through the court-approved channels. The cost typically ranges from $50 to $100, and the exact amount depends on the number of defendants or the nature of the service.
3. Miscellaneous costs: These are costs incurred to obtain copies of marriage certificates, court transcripts, and other related documents. Circuit court clerks usually charge $0.50 per page for copies and $5 for certifications. However, this fee may vary across counties.
4. Attorney fees: This depends on the complexity of the case and whether it is contested. Simple annulments usually cost less than those involving monetary or financial issues, assets division, or child custody.

Although some individuals may choose to hire an attorney for their annulment, the state allows them to represent themselves if they choose.

The state of Maryland also provides waivers for those who cannot pay the filing fee. Individuals may apply for waivers by completing the financial affidavit or hardship forms available on the Maryland courts' website.

After the Annulment: What Happens Next?

Once the court issues a decree of annulment, the following legal implications occur:

• The individuals’ public records retain the marriage records but display the marriage as annulled.
• Both parties' marital status legally reverts to single.
• Property rights and the division of jointly purchased assets during the course of the marriage are determined by the court.
• Both parties may regain use of their former names prior to marriage.
• Each spouse is free to remarry.