Annulment vs. Divorce: Which is Right for You?

When a marriage ends, most people see divorce as the only legal option. However, annulment is another path some may be eligible to pursue. Both annulment and divorce end a marriage but in very different ways. In Maryland, the choice between the two depends on your circumstances and the legal requirements involved.

If you’re trying to decide which route is appropriate, this blog will help you better understand the differences and how they might affect your future.

What Is an Annulment?

An annulment is a legal declaration that a marriage was never valid from the beginning. It treats the marriage as though, legally, it never happened.

Maryland courts grant annulments only in specific situations. According to the Maryland Judiciary, these include cases where:

One party was already legally married to someone else
The marriage was entered into under fraud or duress
One or both parties were mentally incapable of consenting
The spouses are closely related by blood
One party was underage and did not have parental consent

These are not just moral or emotional reasons; they are legal grounds that must be proven in court.

Annulments can be harder to obtain than divorces because they require evidence that the marriage was invalid from the start. Still, for some, they may provide emotional or religious relief, as well as potential financial or legal advantages.

What Is a Divorce?

Unlike an annulment, a divorce ends a legally valid marriage. Maryland recognizes both limited and absolute divorce. A limited divorce is a legal separation without the final end of the marriage, while an absolute divorce fully terminates the legal relationship between spouses.

To file for an absolute divorce in Maryland, parties may cite either no-fault or fault-based grounds. As of October 2023, Maryland has simplified the divorce process by removing adultery and desertion as grounds, replacing them with:

Irreconcilable differences
Six-month separation
Mutual consent (with a signed agreement)

More information is available through the Maryland State Law Library.

Central Differences Between Annulment and Divorce

Knowing the distinctions between annulment and divorce can help clarify which is a better fit for your situation. Here are some main differences:

1. Legal Status of the Marriage

Annulment: The marriage is treated as though it never legally existed.
Divorce: The marriage is legally recognized, but ended.

2. Grounds Required

Annulment: Only granted under limited conditions, such as bigamy or fraud.
Divorce: Available for broader reasons, including no-fault grounds.

3. Time Frame

Annulment: Often pursued shortly after the marriage, though not always.
Divorce: Can be filed after any length of time.

4. Property Division and Support

Annulment: Property rights and spousal support may be less clear. Courts may still address these issues depending on the circumstances, especially when children are involved.
Divorce: Maryland follows equitable distribution rules to divide property and assets fairly.

5. Impact on Children

Children born in either a void or voidable marriage are considered legitimate under Maryland law. Whether you pursue annulment or divorce, child custody and support will still be addressed by the court based on the best interests of the child. More details are provided by Maryland Legal Aid.

When Is Annulment a Better Fit?

Annulment may be appropriate if the marriage was never valid due to fraud, coercion, or incapacity. For example, if one spouse concealed an existing marriage, never properly divorced from a prior spouse, or other significant facts that would have changed your decision to marry, the court may find grounds for annulment.

Religious reasons may also influence this choice. Some faiths view annulment as preferable to divorce. While Maryland courts do not consider religion when making legal decisions, your personal values may guide your decision.

When Divorce Is the Better Option

In most cases, divorce is the more accessible and practical option. It is available to nearly every married couple, regardless of how the marriage began or why it ended.

If the marriage was legally valid but simply no longer works due to personal conflict, emotional disconnection, or lifestyle changes, divorce allows a clear legal resolution. It also provides more structure for resolving issues like child custody, property division, and support.

Legal Representation Is Essential

If you’re considering annulment or divorce, an attorney can be invaluable. The requirements for annulment are strict, and filing without a full grasp of the law can result in delays or rejection. Even in divorce, small missteps during the process can affect your finances, parental rights, and future stability.

A family law attorney can help you assess whether your marriage meets the requirements for annulment, or if divorce is the more appropriate path. Legal counsel can also assist with filing, negotiation, and court representation when needed.

Contact Milstein Siegel for Help with Annulment or Divorce in Maryland

If you are unsure whether to pursue an annulment or a divorce, the experienced team at Milstein Siegel can help you make an informed decision. We’ve worked with clients throughout the Baltimore area to resolve even the most complex family law matters. We’ll guide you through the available legal options and through each step of the process.