When a marriage begins to crumble, couples in Maryland, Virginia, Pennsylvania, and DC have two primary options for legally ending their union: divorce or annulment. While both options result in the termination of a marriage, they differ in their approach, requirements, and implications. In this article, we will explore the key distinctions between divorce and annulment, as well as the grounds for each, the fault-based defenses for divorce, and the reasons for choosing an annulment.
What Is a Divorce?
A divorce is the legal process of ending a marriage. In Maryland, Virginia, Pennsylvania, and DC, there are two types of divorce: limited divorce and absolute divorce. Each type has its own distinct advantages and disadvantages, and the grounds for divorce may vary depending on the type of divorce being sought.
Limited Divorce in Maryland, Virginia, Pennsylvania, and DC
A limited divorce allows a court of law to manage a couple’s separation while they work through issues such as child custody, alimony, or financial assistance. Limited divorces may be sought by people who have not been able to agree on important matters or require temporary legal separation. Limited divorce does not end a marriage, and couples can still live together if they choose. However, they are not allowed to remarry until an absolute divorce has been finalized.
Absolute Divorce in Maryland, Virginia, Pennsylvania, and DC
An absolute divorce will terminate the marital union, and partners are not allowed to apply for an absolute divorce and then change their minds later. A court will issue a decree of absolute divorce when a divorce has been granted in those instances. Parties may work together on a marital settlement agreement before entering divorce proceedings, or they can ask the court to make determinations regarding child support, child visitation, asset division, alimony, and other important matters. A spouse can also ask the court to allow them to retain their previous last name that they used before entering into the marriage.
Grounds for Divorce in Maryland, Virginia, Pennsylvania, and DC
Unless a mutual divorce is requested, one or both parties are typically asked to provide grounds for the divorce. Adultery, conviction of a crime, insanity, excessively vicious behavior, and cruelty are grounds that a court will evaluate during a divorce case. The person who has initially filed for divorce will need to provide evidence and testimony that can support those reasons.
Fault-Based Defenses for Divorce in Maryland, Virginia, Pennsylvania, and DC
There are two fault-based defenses that a person who was served with divorce papers (also referred to as the defendant) can effectively utilize: recrimination and condonation. Condonation may be used when the defendant can prove that their conduct was forgiven or overlooked by their former partner (also known as the plaintiff). Recrimination may be brought up in court if both spouses’ conduct could be considered offensive or detrimental. Recrimination and condonation are only applicable to divorces that are requested due to adultery. These defenses are not evaluated when any other kind of fault has been brought up.
What Is an Annulment?
An annulment basically acts as if a particular marriage never existed. There must be clear proof to validate a person’s claims that the marriage was invalid. Annulments don’t happen nearly as often as divorces in Maryland, Virginia, Pennsylvania, and DC, but they have been granted from time to time. Judges are typically much more likely to grant a divorce instead of an annulment.
Reasons for Choosing an Annulment in Maryland, Virginia, Pennsylvania, and DC
Religious and theological reasons are sometimes brought up when a person has chosen to annul their marriage. They may also list one or more of the faults listed above. There could also have been reasons that would declare their marriage to be nonexistent. Some of those elements are as follows:
- One or both parties were mentally unable to understand the marital contract or had been declared legally insane.
- One or both people were already married to another person at the time.
- The partners are already related to one another by marriage or birth.
If one or more of those circumstances exist, the marriage in question could be declared null and void. The marital union would also be invalid, and the validity of that marriage would need to be evaluated in court. A marriage can be voided if any or all of the following can be proven:
- One or both parties didn’t properly understand marital consent.
- The person who officiated the marriage ceremony lacked the legal authority to do so.
- One or both parties was unable to physically engage in sexual activity with their partner.
- Marital consent was acquired through force, duress, or fraud.
- One or both parties was under the age of 18 at the time. Exceptions to this rule are if that particular person had both a physician’s certification of pregnancy and parental consent or if parental consent was given to the underage person who was at least 16 years of age or older.
Conclusion
The decision to end a marriage is never easy. Personal relationships will be forever changed regardless of the route you take. If you have questions, we have answers. Contact us today to set up a no-obligation consultation. Our trained professionals will sit down and listen to what you have to say. We’ll provide you with insight as to possible outcomes and next steps. We can even represent you in court if you wish. Getting you back on track again as soon as possible is our ultimate goal. It may take some time, but you’ll be back to loving life again before you realize it.
Relevant Quotation:
“Marriage is not a noun; it’s a verb. It isn’t something you get. It’s something you do. It’s the way you love your partner every day.” – Barbara De Angelis
Types of Divorce in Maryland, Virginia, Pennsylvania, and DC
| Limited Divorce | Absolute Divorce |
|---|---|
| Temporary separation | Termination of marriage |
| Allows couples to work on issues | Irreversible decision |
| Partners can still live together | Partners cannot remarry without another divorce |
Grounds for Divorce in Maryland, Virginia, Pennsylvania, and DC
| Adultery | Conviction of a Crime | Insanity | Excessively Vicious Behavior | Cruelty |
|---|---|---|---|---|
| Proven with evidence | Proven with evidence | Proven with evidence | Proven with evidence | Proven with evidence |
Fault-Based Defenses for Divorce in Maryland, Virginia, Pennsylvania, and DC
| Recrimination | Condonation |
|---|---|
| Both spouses’ conduct is considered offensive or detrimental | Defendant’s conduct was forgiven or overlooked by the plaintiff |
| Only applicable to divorces due to adultery | Not applicable to any other kind of fault |
Reasons for Choosing an Annulment in Maryland, Virginia, Pennsylvania, and DC
| Mental incapacity | Pre-existing marriage | Consanguinity | Lack of understanding of marital consent | Lack of legal authority to officiate | Physical incapacity | Force, duress, or fraud | Underage marriage without proper consent or conditions |
|---|---|---|---|---|---|---|---|
| Proven with evidence | Proven with evidence | Proven with evidence | Proven with evidence | Proven with evidence | Proven with evidence | Proven with evidence | Proven with evidence |
If you need assistance with divorce or annulment in Maryland, Virginia, Pennsylvania, or DC, contact JC Law, led by James E. Crawford, Jr., a professional attorney with extensive experience in family law. Our team of experts can help guide you through the legal process, ensuring that your rights and interests are protected every step of the way.
