While most people understand the concept of divorce, there is a hybrid Court action that is rare, but if you meet the criteria, a judge can grant an annulment, which restores your status to single and never married to your current spouse. Spouses ask for annulments when they find they have been taken advantage of or are told egregious lies that miscategorize the union, making it invalid.
If you are the party seeking an annulment, you can file for it in Frederick County if you live here, or in the county where you were married. Do not wait too long after you uncover the grounds that can free you from the invalid union. A Frederick annulment lawyer understands what you will need to show clear and satisfactory proof and how to do so, but each case is unique, and you should consult our divorce lawyers now.
Annulments are based on marriages that are void or voidable. Void marriages are always invalid and involve bigamy or incest at the time the couple weds. Bigamy occurs if one spouse is already legally married. Incest is a blood relationship that is impermissible by law, known as consanguinity, such as a marriage between two siblings, a parent and child, grandparent and grandchild, first cousins, or an uncle or aunt and their niece or nephew.
In Maryland, your marriage is also void if your spouse is related to you by marriage, such as a stepparent and stepchild or a spouse’s parent and son-in-law or daughter-in-law. A marriage can be rendered void and thus invalid by either spouse or an interested third party by filing the proper paperwork, including proof. Our Frederick annulment attorneys are compassionate advocates who work tirelessly to clear the marital slate for our clients.
Voidable marriages remain legal until a Court deems them invalid because of proven defects. The party victimized by the other party is the only person permitted to ask the Court to annul the union. The reasons for annulling a voidable marriage include if, at the time of the ceremony, one spouse obtains consent by:
Your marriage could be voidable no matter how long you have been in it, but the reason must still exist when you file to annul it. For example, if you recover your mental capacity and remain in the marriage, you will not be able to annul it.
The Court will act to preserve the parties’ property rights and order child support when appropriate, and even alimony in some cases. Children born during the marriage are not considered illegitimate. Because the annulment process is a highly emotional time for all involved, our Frederick lawyers should become involved immediately to avoid drawing out hostility and uncertainty.
If you have been blindsided by a spouse who is still married to someone else, or who threatened to harm you if you did not marry them, your marriage may have been void or voidable from the beginning. A void marriage is never legal, and a voidable one has inherent flaws that could be corrected by the Court ruling it invalid. Annulling your union gives you a fresh beginning without the extra complications a divorce can impose. To discuss your situation, especially if this legal process is right for you, contact a Frederick annulment lawyer who can answer all your questions.
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