The Basics of Annulment in Maryland Montgomery Lawyer

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Unlike divorce, which is ending a marriage, an annulment is as if there was never a valid marriage in the first place. People may request an annulment instead of divorce for social or religion reasons.

In addition, there are two types of marriages, which are void and voidable. A void marriage is an invalid marriage as it resulted from deception and is not legally recognized, this kind of marriage doesn’t require a legal annulment from a court. A voidable marriage is a valid marriage and is legally recognized and can only be annulled by a court.

For a couple to get an annulment there are grounds that they are required to prove, these grounds include the following:

  • If one of the partners had been persuaded by the other to get married.
  • If one of the partners had committed fraud against the other partner to persuade him or her to get married.
  • If a partner is mentally incapacitated to get married.
  • One of the partners was married to another person at the time of the spousal relationship.
  • If the partners are biologically related to the extend of more than just first cousins.
  • If one of the partners was under the age of 18. Except if the minor partner was 16 or 17 years of age and had parental consent, or the minor partner was 15 years of age and pregnant and also had the consent of her parents.

However, in addition to the grounds mentioned above, there are further requirements by the court of the state of Maryland. In situations where one partner wants voiding of the spousal relationship due to being persuaded by the other couple to get married at the time, the persuasion must have happened during the time of the wedding ceremony and the couple filing for the voiding of the spousal relationship must be in fear for his or her life by the other partner. Other situations where the spouse is filing for an voiding of the spousal relationship due to fraud by the other spouse, the fraud has to be of serious matter, something that will greatly affect the security or the welfare of the spouse or their kids and not senseless reasons such as the spouse lying about his or her financial status, bad habits, or persona. Sufficient reasons would be such as the spouse hiding his or her mental instability or being pregnant of a child from another man other than her husband at the time, these kinds of reasons will be good enough reasons to the court of Maryland to grant an voiding of the marriage.

Nevertheless, if the spouse finds about the fraud or persuasion and continues to live with the spouse normally, but then he or she decides to file for an voiding of the marriage, the court of the state of Maryland will not grant the spouse an voiding of the marriage.

The spouse can file a petition for annulment if he or she has proven reasons on the matter. Neither of the couples must have lived a specific time span in the state of Maryland to get an annulment, as long as either of the couples is a resident of Maryland at the time of the annulment. After filing the petition, a copy must be sent to the other spouse.

If you need a Maryland Annulment Lawyer to help you with your Annulment case in Maryland, call us at 888-437-7747. Our Maryland Annulment Attorneys can help you. C