Maryland
Maryland Annulment Laws: Void Marriages and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 13 primary sources cited on this page. How we verify our legal content
Maryland circuit courts can annul a marriage. Family Law § 1-201(b)(3) gives an equity court jurisdiction over "annulment of a marriage," and the Maryland Judiciary describes an annulment as a court's decision "that a marriage is void; it never legally existed."
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers annulment of a marriage under the Maryland Code, Family Law Article (§§ 1-201, 2-201, 2-202, 2-301, 5-202, 8-202 and 11-101), the 2022 Marriage of Minors law, two Appellate Court of Maryland decisions on void and voidable marriages, and the Maryland Judiciary's filing instructions. It does not cover religious annulments, bigamy as a criminal offense, or other states' law. For ending a valid marriage, see Maryland divorce laws.
Can you get an annulment in Maryland?
Yes. Maryland law calls the action an annulment of a marriage, and it is heard in the circuit court. Family Law § 1-201(b) lists the matters an equity court has jurisdiction over, and item (3) reads:
"An equity court has jurisdiction over: ... (3) annulment of a marriage;"
The Maryland Judiciary's general instructions for domestic relations forms (CC-DRIN) define the result:
"Annulment: A court's decision that a marriage is void; it never legally existed. It is available only under certain limited circumstances."
That last sentence matters. An annulment is not a general alternative to divorce. It applies to a marriage that is void (such as one between close relatives or a bigamous marriage) or, under Maryland case law, voidable.
What makes a marriage void in Maryland
The Family Law sections cited here do not set out a list of annulment grounds. Instead, Maryland's marriage statutes say which marriages are invalid. These are the rules covered here:
| Rule | What the statute says | Cite |
|---|---|---|
| Close family relationships | "Any marriage performed in this State that is prohibited by this section is void." | Family Law § 2-202(a) |
| General validity rule | "Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State." | Family Law § 2-201(b) |
| Existing marriage (bigamy) | A marriage entered while either party is still married to someone else is void; the Appellate Court of Maryland has held that "a bigamous marriage is void, not voidable," though laches can bar a long-delayed challenge. | Peete v. Peete (Md. App. 2023) |
| Age | "An individual under the age of 17 may not marry." A 17-year-old may marry only with a court authorization order plus parental consent (or a medical pregnancy or birth certificate), presented to the clerk at least 15 days after the order issues. | Family Law § 2-301(a), (b) |
Prohibited family relationships
Family Law § 2-202 sets out two groups of prohibited marriages. Marrying a grandparent, parent, child, sibling or grandchild is a misdemeanor punishable by a $1,500 fine. Marrying a grandparent's spouse, a spouse's grandparent, a parent's sibling, a stepparent, a spouse's parent, a spouse's child, a child's spouse, a grandchild's spouse, a spouse's grandchild or a sibling's child is a misdemeanor punishable by a $500 fine.
Subsection (a) makes any marriage performed in Maryland that § 2-202 prohibits void. Whether every prohibited marriage is treated the same way in an annulment case is a question for case law this page does not cover.
Fraud, duress and other voidable grounds
Many states let a court annul a marriage for fraud, duress, incapacity or similar defects, each with its own time limit. The Maryland Family Law sections cited here contain no such statutory list. Maryland case law treats a marriage procured by fraud, or by duress or undue influence, as voidable rather than void (Morris v. Goodwin, 230 Md. App. 395 (2016)). Under Morris, an action to annul a marriage for fraud can be brought only by the defrauded spouse, and only while both spouses are alive. The court also noted that annulments of marriage are disfavored in the law, so a lawyer licensed in Maryland can explain whether a particular set of facts supports an annulment.
Maryland's age rules after the 2022 Marriage of Minors law
The General Assembly passed House Bill 83, "Family Law - Marriage of Minors," as 2022 Md. Laws ch. 175, approved April 21, 2022. It set the current floor in § 2-301 and added a court petition process in Family Law §§ 5-2A-01 to 5-2A-06 for a 17-year-old who wants to marry.
Under § 5-2A-03(e), the court may not authorize the marriage if any of these apply:
- the intended spouse was in a position of authority or trust over the minor;
- the intended spouse has certain qualifying criminal convictions;
- a party is pregnant or has a child with the other party in circumstances that evidence a sexual crime;
- a protective order or peace order was ever issued against the intended spouse, whoever it protected.
A married minor may also file for divorce under Family Law § 5-2A-05. As of the live text of § 2-301 checked on 2026-10-08, the minimum age remains 17, not 18. Section 2-301 does not say whether a marriage entered in violation of the age rule is void or voidable, so this page does not characterize it.
How to file for an annulment in Maryland
You file in a circuit court. The CC-DRIN instructions say an annulment may be filed:
"in the circuit court in the county where you live, in the county where the marriage was performed, OR in the circuit court in the county where your spouse lives or works."
To finish the case, the plaintiff must give oral testimony before an examiner or magistrate, or in open court, before the court enters a final decree (CC-DRIN; Family Law § 1-203(c)).
Residency. The six-month residency rule in Family Law § 7-101 sits in the divorce title and is written for divorce. This page does not say whether a residency period applies to an annulment, so check with the circuit court clerk or a lawyer before filing.
Forms. This page does not identify a dedicated annulment complaint form. The Maryland Judiciary's forms page and the CC-DRIN instructions are the starting points.
What happens to children after an annulment
Family Law § 5-202 protects children's status. When a criminal or equity court annuls a marriage, or an equity court grants an absolute divorce for a reason that makes the marriage void from the start, the court:
"in the decree shall declare each child of the marriage to be a legitimate child of the parties to the marriage."
For custody and support, see Maryland child custody laws and Maryland child support laws.
Property and alimony after an annulment
An annulment does not leave property questions unresolved. Under Family Law § 8-202(a), when the court grants an annulment it may resolve disputes over the ownership of personal and real property:
"(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property."
The court may also determine which property is marital property (Family Law § 8-203(a)), and a monetary award under § 8-205 follows that determination. Alimony is available too: § 11-101(a)(2)(i) lets the court award alimony when it grants an annulment, and § 11-102(a) covers alimony while the case is pending (alimony pendente lite). For how Maryland courts set alimony, see Maryland alimony laws.
Annulment through a criminal case
Maryland law also recognizes that an annulment can come out of a criminal case. Family Law § 2-503(a)(3) requires clerks to report annulments that a court grants or "effects by entering a conviction of bigamy or of marrying within any prohibited degree." This page does not cover the criminal statutes themselves.
Name change after an annulment
Maryland's statutory name-restoration section, Family Law § 7-105, is written for absolute divorce. The Title 2 and Title 7 sections cited here do not include a comparable annulment provision, so ask the court or a lawyer how to request a name change in an annulment case.
Annulment vs. divorce in Maryland
An annulment declares that the marriage was void and never legally existed. A divorce ends a marriage that was valid; see Maryland divorce laws for the current grounds. If you were never formally married, Maryland's rules on informal marriage are covered in Maryland common law marriage.
A church or religious annulment is a separate process from a court annulment; one does not create or replace the other.
Disclaimer: This article provides general legal information about annulment under the Maryland Code, Family Law Article, as verified on 2026-10-08. It is not legal advice, and the law can change. For advice about your situation, consult a lawyer licensed in Maryland or the Maryland Judiciary's family law help pages.
Related
- Annulment laws in every state
- Maryland divorce laws
- Maryland common law marriage
- Maryland alimony laws
- Maryland marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
Does Maryland allow annulment?
Yes. Md. Code, Family Law § 1-201(b)(3) gives the circuit court (an equity court) jurisdiction over annulment of a marriage, and the Maryland Judiciary says annulment is available only in limited circumstances.
Is a marriage between close relatives void in Maryland?
Yes. Family Law § 2-202(a) says any marriage performed in Maryland that the section prohibits is void, including marriages between a parent and child, siblings, or an aunt or uncle and a niece or nephew.
What is the minimum age to marry in Maryland?
Under Family Law § 2-301, an individual under 17 may not marry. A 17-year-old may marry only with a court authorization order under the process added by 2022 Md. Laws ch. 175, plus the consent of each living parent or guardian (or a medical certificate of pregnancy or birth), and the order must be presented to the clerk at least 15 days after it issues.
Where do I file for an annulment in Maryland?
The Maryland Judiciary's CC-DRIN instructions say you can file in the circuit court for the county where you live, where the marriage was performed, or where your spouse lives or works.
Are children legitimate if a Maryland marriage is annulled?
Yes. Family Law § 5-202 requires a court that annuls a marriage to declare in the decree that each child of the marriage is a legitimate child of the parties.
Can I get alimony after an annulment in Maryland?
Family Law § 11-101(a)(2)(i) allows the court to award alimony when it grants an annulment, and § 11-102(a) covers alimony while the case is pending.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maryland Code, Family Law Article
§ 1-201In forcecited in 3 of our articles
§1–201. (a) For the purposes of subsection (b)(10) of this section, “child” means an unmarried individual under the age of 21 years. (b) An equity court has jurisdiction over: (1) adoption of a child, except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance; (2) alimony; (3) annulment of a marriage; (4) divorce; (5) custody or guardianship of a child except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance; (6) visitation of a child; (7) legitimation of a child; (8) paternity; (9) support of a child; (10) custody or guardianship of an immigrant child pursuant to a motion for Special Immigrant Juvenile factual findings requesting a determination that the child was abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J) of the federal Immigration and Nationality Act; and (11) a petition for authorization for a minor to marry.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- L.F.M. v. Department of Social Services (Court of Special Appeals of Maryland 1986, 67 Md. App. 379)“…the grant of jurisdiction to the equity courts contained in Md.Code Ann., Fam. Law, § 1-201 (1984), the court was empowered to orde…”
- Port v. Cowan (Court of Appeals of Maryland 2012, 426 Md. 435)“…Courts, over "divorce,” without using the term "marriage.” Md.Code Ann., Fam. Law § 1-201(a)(4) (LexisNexis 2006).…”
- In re: O.RG. (Court of Special Appeals of Maryland 2025)“…child pursuant to a motion for [SIJS] factual findings[,]” Md. Code Ann., Fam. Law § 1-201(b)(10), this “does not take away or im…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maryland Child Custody Laws (2026): Types, Best Interests, and Your Rights, Does Maryland Allow Legal Separation? What Replaced It (2026)
§ 2-202In forcecited in 2 of our articles
§2–202. (a) Any marriage performed in this State that is prohibited by this section is void. (b) (1) An individual may not marry the individual’s: (i) grandparent; (ii) parent; (iii) child; (iv) sibling; or (v) grandchild. (2) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $1,500. (c) (1) An individual may not marry the individual’s: (i) grandparent’s spouse; (ii) spouse’s grandparent; (iii) parent’s sibling; (iv) stepparent; (v) spouse’s parent; (vi) spouse’s child; (vii) child’s spouse; (viii) grandchild’s spouse; (ix) spouse’s grandchild; or (x) sibling’s child. (2) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Also relied on in: Maryland Marriage License Requirements 2026: Fees, Wait, Age
§ 5-202In force
§5–202. When a criminal or equity court of this State annuls a marriage, or when an equity court of this State decrees an absolute divorce for a reason that makes the marriage void ab initio, the court in the decree shall declare each child of the marriage to be a legitimate child of the parties to the marriage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 8-202In force
§8–202. (a) (1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property. (2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property. (3) Except as provided in § 8–205 of this subtitle, the court may not transfer the ownership of personal or real property from one party to the other. (b) When the court determines the ownership of personal or real property, the court may: (1) grant a decree that states what the ownership interest of each party is; and (2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 11-101In forcecited in 4 of our articles
§11–101. (a) The court may award alimony: (1) on a bill of complaint for alimony; or (2) as a part of a decree that grants: (i) an annulment; (ii) a limited divorce; or (iii) an absolute divorce. (b) The court may award alimony to either party. (c) If a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony. (d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the court may not award alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in § 19-301 of the Health - General Article, if the petitioner attempts to satisfy the separation grounds for divorce under §§ 7-102 and 7-103 of this article based on the spouse’s residence in the related institution.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Also relied on in: Maryland Alimony Laws: Rehabilitative and Indefinite Alimony (2026), Common Law Marriage in Maryland: Is It Recognized? (2026)
§ 2-503In forcecited in 2 of our articles
§2–503. (a) At the intervals that the Secretary of Health sets, each clerk shall send to the Secretary: (1) a copy of the record of each marriage that the clerk licenses and records; (2) a report of each divorce that the court grants; (3) a report of each annulment of a marriage that the court: (i) grants; or (ii) effects by entering a conviction of bigamy or of marrying within any prohibited degree; and (4) a report of any change in a marriage, divorce, or annulment record, in which the clerk shall certify that the change is correct and conforms to the corresponding record of the clerk. (b) The report of a divorce or annulment or of a change in a marriage, divorce, or annulment record shall be made on the form that the Secretary of Health provides. (c) (1) The Secretary of Health may make photostatic, photographic, or microphotographic copies of the original marriage records of a clerk. (2) The Secretary of Health may not remove any original marriage record from the custody of the clerk.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Also relied on in: Maryland Marriage and Divorce Records: Verification vs the Decree
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Sources and References
- Md. Code, Family Law § 1-201 (equity court jurisdiction, incl. annulment of a marriage)(mgaleg.maryland.gov).gov
- Maryland Judiciary, General Instructions: Domestic Relations and Guardianship Forms (CC-DRIN)(mdcourts.gov).gov
- Md. Code, Family Law § 2-202 (prohibited marriages; void; penalties)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 2-201 (validity of marriage)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 2-301 (minimum age to marry)(mgaleg.maryland.gov).gov
- 2022 Md. Laws ch. 175 (H.B. 83, Family Law - Marriage of Minors), enrolled text(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 7-101 (divorce residency)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 5-202 (children of annulled marriages declared legitimate)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 8-202 (property disputes on annulment or divorce)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 11-101 (alimony)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 2-503 (clerk reports of annulments)(mgaleg.maryland.gov).gov
- Md. Code, Family Law § 7-105 (name restoration on absolute divorce)(mgaleg.maryland.gov).gov
- Peete v. Peete, No. 2098, Sept. Term 2021 (Md. App. Ct. Mar. 1, 2023) (reported)(mdcourts.gov).gov
- Morris v. Goodwin, 230 Md. App. 395 (2016)(static.case.law)