Not sure if you need an annulment or a divorce in Maryland? Learn the key differences, the legal grounds for each, and which option fits your situation.
What Is an Annulment in Maryland?
An annulment is a legal declaration that a marriage was void or voidable from the beginning — in other words, that the marriage was never legally valid. When a Maryland court grants an annulment, the legal effect is that the marriage is treated as if it never existed.
Maryland courts grant annulments only in narrow, specific circumstances. Annulments are not available simply because a marriage was short-lived, both parties agree it was a mistake, or the couple has separated. The grounds must fit the specific legal categories established by Maryland law.
Because annulments are relatively rare, many people who inquire about them actually need a divorce.
Understanding the distinction is critical.
What Is a Divorce in Maryland?
A divorce ends a legally valid marriage. Unlike an annulment, a divorce acknowledges that the marriage existed and legally terminates it. Maryland offers two types of divorce:
Absolute Divorce
An absolute divorce fully dissolves the marriage, allows both parties to remarry, and resolves all marital issues including property division, alimony, and custody. This is the most common form of divorce in Maryland, governed by Maryland Family Law § 7-103.
Limited Divorce
A limited divorce is similar to a legal separation — it allows the parties to live apart and address support and custody without fully terminating the marriage. However, Maryland does not have a formal "legal separation" status; the limited divorce serves a similar but temporary function.
Key Differences Between Annulment and Divorce
| Feature | Annulment | Divorce |
|---|---|---|
| Effect on marriage | Declares marriage invalid | Legally ends valid marriage |
| Availability | Only narrow statutory grounds | Broadly available |
| Marital property division | May be less clear; courts address as needed | Equitable distribution applies |
| Alimony | Generally not available | Available when appropriate |
| Effect on children | Children remain legitimate | Children remain legitimate |
| Right to remarry | Yes | Yes |
Grounds for Annulment in Maryland
Maryland recognizes two types of invalid marriages: void and voidable.
Void Marriages
A void marriage was never legally valid and can be annulled by either party at any time. Void marriages in Maryland include:
- Bigamy: One party was already married at the time of the ceremony
- Prohibited relationships: The parties are too closely related by blood or marriage (incest)
Voidable Marriages
A voidable marriage was defective at formation but is treated as valid unless one party seeks annulment. Grounds include:
- Fraud or misrepresentation: One party was deceived about something essential to the marriage (e.g., a hidden inability to have children when children were a core condition, concealed criminal history of a serious nature, or concealed prior existing marriage)
- Duress or coercion: One party was forced into the marriage against their will
- Mental incapacity: One party lacked the mental capacity to consent at the time of the ceremony
- Underage without consent: A party was under the legal age and lacked required parental or court consent
Grounds for Divorce in Maryland
Maryland's divorce law was significantly modernized in October 2023. Under Family Law § 7-103, current grounds for absolute divorce include:
- Irreconcilable differences (no-fault, no waiting period required)
- Six-month separation (parties must have lived separate and apart for at least six months)
- Mutual consent (both parties agree in writing to all terms of the divorce)
Prior fault-based grounds such as adultery, cruelty, and desertion still exist but are less commonly used since the no-fault reforms.
Children, Property, and Support in Each Process
Children
Maryland law is clear: children born of a void or voidable marriage are legitimate under Family Law § 5-1002. Whether you pursue an annulment or a divorce, child custody and support will be addressed by the court based on the best interest of the child.
Property Division
In a divorce, Maryland courts use equitable distribution to divide marital property fairly. In an annulment, because the marriage is treated as never having existed, the application of equitable distribution is less straightforward. Courts may still address property division under equitable principles, but the analysis differs. Property brought into the relationship may be returned to its original owner.
Alimony
Alimony (spousal support) is generally not available in an annulment because the marriage is treated as having never existed. Alimony is a marital remedy, and there is no marriage to support the award. In contrast, alimony is available in divorce proceedings when appropriate circumstances exist.
FAQ
Is an annulment faster than a divorce in Maryland?
Not necessarily. An annulment requires proving specific legal grounds, which can be contested and complex. An uncontested divorce based on irreconcilable differences or mutual consent can often be completed more quickly.
Does the Catholic Church recognize Maryland civil annulments?
No. Religious annulment and civil annulment are entirely separate processes. A civil annulment from a Maryland court has no effect on whether a religious institution recognizes the marriage.
Can I get an annulment just because the marriage was short?
No. The length of a marriage is not a ground for annulment in Maryland. You must establish specific legal grounds such as fraud, bigamy, or incapacity.
What if my spouse lied to me before the wedding?
Not every lie or misrepresentation qualifies as fraud sufficient for annulment. The fraud must go to the very essence of the marriage. Consult a Maryland family law attorney to evaluate whether your specific situation qualifies.
Can I get alimony if I get an annulment instead of a divorce?
Generally, no. Because annulment treats the marriage as if it never occurred, traditional alimony is not available. However, courts may apply equitable remedies in some circumstances. This post is for informational purposes only and does not constitute legal advice. If you are unsure whether you should pursue an annulment or a divorce in Maryland, consult a qualified Maryland family law attorney who can evaluate your specific circumstances.
