Attorney
Deciding to end a marriage is never easy; the path forward can be filled with difficult choices. One option you might be considering is an annulment, a legal procedure that differs significantly from divorce by treating the marriage as though it never happened. Each state has specific criteria and grounds for granting an annulment. Knowing these can help you determine if annulment is a feasible option for dissolving your marriage.
What is Annulment?
An annulment is a legal decree that effectively erases a marriage, rendering it null and void as if it never legally occurred. This concept is distinct from divorce, which acknowledges the marriage’s existence but dissolves it. An annulled marriage is considered invalid from the start on the grounds that the union was never legally valid. While the reasons for seeking an annulment vary, they often include situations where there was a fundamental flaw in the marriage contract. Unlike divorce, which deals with the dissolution of a legal marital relationship, annulment addresses the legal standing and validity of the marriage itself, offering a unique resolution for those who meet the strict criteria set forth by the law.
Grounds for Annulment
In Virginia and Maryland, annulment is a legal recourse for individuals seeking to nullify marriages that were never valid under the law. Though similar, the grounds for such annulments carry nuances specific to each state’s legal framework.
In Virginia, a marriage may be annulled if it was entered into under false pretenses, such as one partner already being married (bigamy), the parties being too closely related by blood (incest), one of the spouses being underage and marrying without parental consent, or if either party was mentally or physically incapable of entering into the marital contract at the time of the wedding.
Maryland’s annulment grounds mirror these with a strong emphasis on the invalidity of the marriage from the start. This includes marriages entered into with fraudulent intentions, coercion, or where there was a significant misunderstanding that goes to the heart of the marital relationship. Bigamy and incest are also grounds for annulment in Maryland, alongside situations where one or both parties lacked the legal capacity to marry due to age or mental condition.
Understanding these grounds is crucial for individuals considering annulment, as it underscores the legal basis required to dissolve a marriage as though it never legally existed.
Legal Requirements and Process
In Virginia and Maryland, the legal requirements and process for seeking an annulment involve a combination of residency prerequisites and procedural steps. To initiate an annulment, one must first meet the state’s residency requirement, typically requiring at least six months of living within the state. Following this, a petition for annulment must be filed in the county court where at least one spouse resides. This petition should detail the specific grounds for seeking the annulment and provide any relevant evidence to support the claim. Documentation may include proof of fraud, incapacity, or any other basis under state law that invalidates the marriage. Navigating this process often necessitates legal counsel to ensure the petition is accurately prepared and presented, maximizing the chances for a decree of annulment.
Comparing Annulment and Divorce: Which is Right for You?
Choosing between annulment and divorce hinges on various factors unique to each individual’s situation. An annulment, which declares a marriage null and void from its inception, might be preferable for those who have grounds that legally invalidate their marriage, such as fraud, bigamy, or incapacity at the time of marriage. It’s often pursued for religious, personal, or legal reasons, primarily when one seeks to establish that the marriage never legally existed.
On the other hand, divorce acknowledges the existence of the marriage but dissolves it legally. It’s a route typically taken when spouses seek to end a legally valid marriage due to irreconcilable differences, among other reasons. Understanding each option’s nuances and legal implications is necessary to make an informed decision.
Contact an Experienced Annulment Attorney
Randall J. Borden can provide clear guidance and strong support through your annulment process. With a deep understanding of the law, we can assess your situation and advocate for your rights. Reach out to explore how we can assist you today.