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Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected annulment, divorce and family law firm with over 30 years of successful legal representation in family law cases. For an initial courtesy consultation, contact the firm at (410) 720-6129.
An "annulment" differs conceptually from a divorce in Maryland in that a divorce terminates
a legal marital status, whereas an annulment establishes that a marital status never existed.
Annulments are extremely rare in Maryland.
The rule in Maryland has long been that a marriage procured through fraud may be avoided in the exercise of the inherent power of a court of equity to reform and rescind contracts. This inherent power refers to the authority of a court to grant an annulment separate and apart from any statute authorizing the granting of a divorce or annulment. Just what facts and circumstances will cause a marriage to be declared void is a question that has concerned our courts for many years.
Some of the rare occasions in which an equity court in Maryland may grant an annulment include the following:
(1) Either party being married to someone else at the same time;
(2) If the marriage is between closely-related persons. In Maryland, a person may not marry his or her parent, step-parent, grandparent, step-grandparent, child, step-child, grandchild, step-grandchild, sibling, step-sibling, aunt, uncle, niece or nephew. A person also may not marry his or her spouse's close relatives.
(3) If either party was legally insane or could be considered incompetent to enter a marriage contract.
(4) A party being underage as defined by being:
- Under the age of 15;
- Under the age of 16 without a parent or guardian's consent along with proof of a current pregnancy or birth; or
- Between the ages of 16 and 17, and not having either the proper parental consent or proof of a current pregnancy or birth.
(5) The inability to consummate the marriage.
(6) The marriage was based on fraud or entered into under duress.
(7) Either party did not understand what they were consenting to.
(8) The marriage ceremony was performed by someone without the legal authority to do so.
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