A Court may issue a party an annulment of their marriage in a limited number of circumstances.  An annulment is very rarely granted though since the Courts’ goal is to preserve the institution of marriage so long as the marriage occurred under lawful circumstances.

A marriage is automatically void (and thus can be annulled statutorily) if:
  1. Either party was legally married to someone else;
  2. The parties are related by birth or marriage within impermissible degrees, such as parents, grandparents, children, or grandchildren or their spouse or spouse’s children, a brother or sister or their children, an aunt or uncle, a stepparent or step-child, or a spouse’s parent, grandparent, or grandchild; or,
  3. Either party was legally insane or otherwise mentally incompetent to enter the contract.
A marriage is voidable (and can be annulled at the discretion of the Court) if:
  1. Either party was under the age of 18, except if:
  • The underage party was at least 16 years of age with parental consent; or
  • The underage party had parental consent and a physician’s certification of pregnancy
  1. Either party was physically incapable of intercourse;
  2. Consent was procured by fraud, duress or force;
  3. Either party lacked understanding to consent; or,
  4. The marriage ceremony was performed by someone without legal authority to perform it.

In either case, an annulment makes it to where the marriage never occurred and obtaining a divorce is not necessary.

Contact Us Today for a Consultation

During a consultation at Azari Law LLC, our family law attorneys will evaluate your case and clearly explain the legal process and also manage your expectations of the case as it develops. Call us today at (301) 362-3300, or email us to set up a consultation with one of our experienced family law attorneys. We are conveniently located in Laurel, Rockville, and Ellicott City MD.