The Differences Between an Annulment and a Divorce in Maryland

Many people assume they can get an annulment if they haven’t been married very long. Some states support this idea, but not Maryland. Instead, there are other ways you have to qualify for an annulment. Otherwise, you need to get divorced to end your marriage. Each process has specific requirements, and a qualified attorney can help you navigate the differences and pick the path that’s right for your situation.

At RPM Law, our Maryland family law attorneys guide you through the process of terminating your marriage, whether through annulment or divorce.  

What Is a Divorce in Maryland?

A divorce is appropriate when your marriage is valid, but you now want to end it. Maryland used to recognize both absolute divorce and limited divorce, so you may have heard both terms from other people. However, only absolute divorce still exists after law changes in 2023.

Grounds for Divorce

Maryland now allows divorce based on:

• Mutual consent
• Six-month separation (including in-home separation)
• Irreconcilable differences

Unlike before, you don’t have to prove any other grounds for a divorce, such as cruelty or adultery.

What Divorce Accomplishes

A divorce addresses all legal issues arising from the end of a marriage, including:

• Division of marital property
• Alimony
• Child custody and visitation
• Child support
• Use and possession of the family home

What Is an Annulment in Maryland?

Annulments are very different. They don’t end a marriage, they state it was never valid from the start. It treats the marriage as if it never happened.

Maryland allows annulments only in very specific circumstances. The marriage must be either void or voidable.

Void Marriages

These marriages were never valid from the very beginning. Examples include:

• Bigamy, if one spouse was already married at that time
• Incest (marriage between close relatives)

A void marriage can be invalidated at any time. This is because they were never valid to begin with.

Voidable Marriages

These marriages are valid unless and until a court annuls them. Examples include:

• Fraud or misrepresentation
• Duress or coercion
• One spouse was underage and lacked parental consent
• One spouse lacked the mental capacity 

Voidable marriages require proof of the reasons the marriage never existed in the first place. This can be tricky to show properly, unless you are represented by experienced legal counsel. 

What an Annulment Accomplishes

An annulment deems the marriage to have never existed in the first place. However, the court could still deal with issues such as:

• Child custody
• Child support
• In some cases, property rights

How this works for your specific case will differ. To fully understand it, you should consult with a qualified Maryland annulment and divorce lawyer.

Which Option Is Right for You?

Most couples in Maryland will not qualify for annulment because the legal grounds are so limited. Divorce is the more common and accessible option. However, annulment may be appropriate if:

• You discovered your spouse was already married
• You were forced or coerced into the marriage
• Fraud or misrepresentation led you to marry
• One spouse lacked capacity at the time of the ceremony

If you think you might qualify for an annulment, it’s critical you speak with a qualified attorney right away. There are specific filing requirements that could be impacted if you wait.

Choose the Right Path For You

Annulments are much less common, and have very strict requirements. A divorce, however, can help you end your marriage if an annulment doesn’t apply. Your attorney can help you pick the right legal path and streamline the process as much as possible.

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.