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Maryland Annulments
Annulments in Maryland
In Maryland an annulment erases a marital union. Divorce dissolves a marriage; an annulment of marriage makes it so that the marriage never occurred. A void marriage is one that is illegal at the time it takes place and can never be made valid; a voidable marriage is valid when it takes place but can later be declared invalid. Partners who annul a marriage cannot be said to be divorced. When an annulment is granted, it means there was never a marriage at all. The spouses can say that they were never married to one another. The full text of the law on annulment in Maryland is in the Maryland Family Code, Title 2.
Grounds
Here are the typical grounds for annulment of marriage in Maryland:
Addition considerations may enter into an annulment. They include:
In Maryland, when a marriage is annulled, the judge can still decide issues like custody, visitation, child support, alimony and attorney’s fees. The court can also divide any property the spouses have, including bank accounts, pensions and retirement accounts. In Maryland, children of an annulled marriage are legitimate unless it can be clearly proven that the husband did not father the children. When a child is declared legitimate, both parents have the duty to financially support the child.
Procedure
The filing spouse is the plaintiff in the complaint; the other spouse is the defendant. In Maryland, a complaint for annulment is filed in the circuit court for the county where the spouses live, and one spouse needs to have lived in Maryland for at least a year. The complaint states the date of the marriage, as well as the grounds for an annulment, and identifies any children born of the marriage. After filing in the district court, the plaintiff serves the defendant with a copy of the complaint. Although a little more difficult, it is possible to serve a party even if he or she cannot be found or lives out of state. At a hearing, the judge decides if the plaintiff has proven that the marriage should be annulled. If so, the judge will sign an order granting an annulment. The judge may also grant the annulment if the defendant simply agrees with it.
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