A girlfriend of mine is trying to get an annulment, and she called up to the court house and they said they don't have the papers for an annulment. She is trying to do it by herself and without a lawyer but how does she go about obtaining the papers at little or no cost? And why the hell wouldn't a court house have those papers? Well Thanks for all the help in advance!

A girlfriend of mine is trying to get an annulment, and she called up to the court house and they said they don't have the papers for an annulment. She is trying to do it by herself and without a lawyer but how does she go about obtaining the papers at little or no cost? And why the hell wouldn't a court house have those papers? Well Thanks for all the help in advance!

There's a form she has to file to be exepmt for paying. I forget what it's called. There should be a family advotate at the courthous that can help.

A girlfriend of mine is trying to get an annulment, and she called up to the court house and they said they don't have the papers for an annulment. She is trying to do it by herself and without a lawyer but how does she go about obtaining the papers at little or no cost? And why the hell wouldn't a court house have those papers? Well Thanks for all the help in advance!

****** GOOGLE SEARCH ON "MARYLAND ANNULMENT" FINDS THE FOLLOWING....

In Maryland there are two types of annulment. In the first type the marriage is declared void ab initio, or from its inception, as though it had never existed. You do not legally have to go to court to have the marriage declared void ab initio, although it's a good idea to do so. In the case of an annulment, a marriage must be "totally void" in order for it to be considered annulled.

There are two characteristics of a "totally void" marriage:

the marriage posses some defect rendering it susceptible to collateral attack (some evidence that shows the marriage never happened or should have never happened) even after the death of one or both spouses; and
no direct step or proceeding to annul is necessary (although the latter may be desirable).
One such defect is if your spouse was formally married to someone else and still has not divorced that person. Your marriage to this spouse is considered totally void.

Another defective marriage is one done between "blood" relatives. There is also a provision that a minor of 16 and 17 years of age or younger than 16 could not marry unless the statutory provision of the Family Law code §2#301 is met.

The second type of annulment is called voidable. A voidable marriage can only be annulled by going to court and having it declared void. . Annulment is available in Maryland, and in some cases it can be obtained under the name of a divorce. Along with obtaining an annulment for bigamy and for lack of consensual age, a marriage may be declared void if the parties did not really intend to marry or if they are incapacitated, as in insanity, intoxication, fraud, and duress. Although annulments may be granted, the preference of the court is not to annul, but for the parties to divorce. Also, any marriage that is expressly prohibited by statute is void by annulment.

and....

The laws (statutes written by the legislature) on divorce in Maryland are located in “The Maryland Annotated Code under the Family Law section of the Code in subsection 7”. References to the law in the information in this Library section will look like the following “Md. Code Ann. Family Law § 7- ###”.

Annulment is a relatively rare special action that establishes that your marriage never existed. If a court finds the facts necessary to grant an annulment it is as if you and your spouse were never married. The factors necessary to prove an annulment are difficult to meet and therefore courts are reluctant to grant an annulment and may grant a divorce instead.

Grounds for an Absolute Divorce, Limited Divorce or an Annulment - There are three principal players involved in your marriage that will also be involved in your divorce: you, your spouse, and the state. You and your spouse cannot simply agree between yourselves to break up and file a paper stating that. Among other legal considerations, you have to give the state an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years, each state has passed its own legislation that governs acceptable grounds for divorce.

In Maryland, there are different grounds for a divorce, a “legal separation” or limited divorce and an annulment. You may request more than one ground in your filing with the court

****** GOOGLE SEARCH ON "MARYLAND ANNULMENT" FINDS THE FOLLOWING....

In Maryland there are two types of annulment. In the first type the marriage is declared void ab initio, or from its inception, as though it had never existed. You do not legally have to go to court to have the marriage declared void ab initio, although it's a good idea to do so. In the case of an annulment, a marriage must be "totally void" in order for it to be considered annulled.

There are two characteristics of a "totally void" marriage:

the marriage posses some defect rendering it susceptible to collateral attack (some evidence that shows the marriage never happened or should have never happened) even after the death of one or both spouses; and
no direct step or proceeding to annul is necessary (although the latter may be desirable).
One such defect is if your spouse was formally married to someone else and still has not divorced that person. Your marriage to this spouse is considered totally void.

Another defective marriage is one done between "blood" relatives. There is also a provision that a minor of 16 and 17 years of age or younger than 16 could not marry unless the statutory provision of the Family Law code §2#301 is met.

The second type of annulment is called voidable. A voidable marriage can only be annulled by going to court and having it declared void. . Annulment is available in Maryland, and in some cases it can be obtained under the name of a divorce. Along with obtaining an annulment for bigamy and for lack of consensual age, a marriage may be declared void if the parties did not really intend to marry or if they are incapacitated, as in insanity, intoxication, fraud, and duress. Although annulments may be granted, the preference of the court is not to annul, but for the parties to divorce. Also, any marriage that is expressly prohibited by statute is void by annulment.

and....

The laws (statutes written by the legislature) on divorce in Maryland are located in “The Maryland Annotated Code under the Family Law section of the Code in subsection 7”. References to the law in the information in this Library section will look like the following “Md. Code Ann. Family Law § 7- ###”.

Annulment is a relatively rare special action that establishes that your marriage never existed. If a court finds the facts necessary to grant an annulment it is as if you and your spouse were never married. The factors necessary to prove an annulment are difficult to meet and therefore courts are reluctant to grant an annulment and may grant a divorce instead.

Grounds for an Absolute Divorce, Limited Divorce or an Annulment - There are three principal players involved in your marriage that will also be involved in your divorce: you, your spouse, and the state. You and your spouse cannot simply agree between yourselves to break up and file a paper stating that. Among other legal considerations, you have to give the state an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years, each state has passed its own legislation that governs acceptable grounds for divorce.

In Maryland, there are different grounds for a divorce, a “legal separation” or limited divorce and an annulment. You may request more than one ground in your filing with the court

We've already seen all of this, now we are just looking to find where to get annulment papers. He has hit her and he is being verbally abusive, she wants out.

I thought annulments were obtained through the church but what do I know...

We've already seen all of this, now we are just looking to find where to get annulment papers. He has hit her and he is being verbally abusive, she wants out.

She needs a C O P, (or a .40) not an annulment.

I thought annulments were obtained through the church but what do I know...

That's what I thought too..

I don't understand why a DIVORCE won't do.. and why she thinks she HAS to have an annulment.

I thought annulments were obtained through the church but what do I know...

i think thats the catholic stuff when they just want your money to lie that you were never actually married (talk about hypocrisy). don't even get me started on that.

you can get annulments in a legal sense too. kinda circumvents some of the stuff required in a divorce if it qualifies. i think usually it's one of those "oh crap what did i do" after a crazy night in Vegas, but there are some other situations too. I think an annulment prevents some asset division, you don't have to wait the 1 year separation period, and some other things.

i think thats the catholic stuff when they just want your money to lie that you were never actually married (talk about hypocrisy). don't even get me started on that.

you can get annulments in a legal sense too. kinda circumvents some of the stuff required in a divorce if it qualifies. i think usually it's one of those "oh crap what did i do" after a crazy night in Vegas, but there are some other situations too. I think an annulment prevents some asset division, you don't have to wait the 1 year separation period, and some other things.

:smoochy:

We've already seen all of this, now we are just looking to find where to get annulment papers. He has hit her and he is being verbally abusive, she wants out.

GO NOW and get a peace order, press charges...has she done this yet?

That's what I thought too..

I don't understand why a DIVORCE won't do.. and why she thinks she HAS to have an annulment.

Divorces take longer than annulments, she wants to take the quickest route, plus they are still within the first year of their marriage.

GO NOW and get a peace order, press charges...has she done this yet?

He has been charged already, went for his prelim, and has his court date July 15th, 2009. Is this grounds for an annulment?

He has been charged already, went for his prelim, and has his court date July 15th, 2009. Is this grounds for an annulment?

I don't know.
I'm thinking more on the lines of her safety, granted things can still happen.

Divorces take longer than annulments, she wants to take the quickest route, plus they are still within the first year of their marriage.

Dunno.. You can get a divorce in two weeks..

THe longest part of the process is awaiting a date to see the Master.. After that it's about a week to ten days.

Dunno.. You can get a divorce in two weeks..

THe longest part of the process is awaiting a date to see the Master.. After that it's about a week to ten days.

Yeah but in MD don't you need a years seperation prior to filing?

He has been charged already, went for his prelim, and has his court date July 15th, 2009. Is this grounds for an annulment?


I don't believe this is grounds for annulment. She can get a speedy divorce if he is convicted of a felony (assult is a felony). Look it up within the different reasons for filing for a divorce.

She may not be divorced in 30 days, but she won't have to go through with the year wait of living apart.

Yeah but in MD don't you need a years seperation prior to filing?

It used to be two, but in extenuating cicumstances you can get an immediate divorce..

Something as simple as Adultery, you don't have to wait.. I'm sure getting the snot beat out of you would be extenuating as well..

Yeah but in MD don't you need a years seperation prior to filing?

Yes, this is what we have been told. You have to get separated, wait 6 months to file and then after filing you have to be legally separated for a year.

Yes, this is what we have been told. You have to get separated, wait 6 months to file and then after filing you have to be legally separated for a year.

Nope, not true, at least not in ALL cases.

I don't believe this is grounds for annulment. She can get a speedy divorce if he is convicted of a felony (assult is a felony). Look it up within the different reasons for filing for a divorce.

She may not be divorced in 30 days, but she won't have to go through with the year wait of living apart.

His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ

His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ

Who cares what HIS lawyer said, and who cares what level assault. So he's got a lawyer to defend himself against the charges, but she doesn't have one to defend herself from him??

He shouldn't be JUST charged with assault, but domestic violence as well.

File the papers today, get on the Master's schedule, and let him determine what needs to be done as far as a divorce. Hopefully someone took pictures of the "after violence" bruises, bloody nose, balckened eye etc..

Who cares what HIS lawyer said, and who cares what level assault. So he's got a lawyer to defend himself against the charges, but she doesn't have one to defend herself from him??

He shouldn't be JUST charged with assault, but domestic violence as well.

File the papers today, get on the Master's schedule, and let him determine what needs to be done as far as a divorce. Hopefully someone took pictures of the "after violence" bruises, bloody nose, balckened eye etc..

Oh I can assure you pictures were taken, I got a call at 3 in the morning and I came with guns blazing and a camera in my hand!

His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ


The state's attorney doesn't like any type of domestic violence and even the best lawyer has a hard time getting the person off the charges unless the spouse uses the spousal privilage so she doesn't have to testify against him.

If she really wants out of the situation, tell her NOT to use her privilage and let the judge fry his butt and ensure she keeps the restaining/protective order against him current.

Oh I can assure you pictures were taken, I got a call at 3 in the morning and I came with guns blazing and a camera in my hand!

The police should have taken pictures as well IF they were called. These will be in the case file the state's attorney will have to use as evidence against him.

Oh I can assure you pictures were taken, I got a call at 3 in the morning and I came with guns blazing and a camera in my hand!
Were you already her boyfriend at the time or are you the 'knight in shining armour' boyfriend?

Were you already her boyfriend at the time or are you the 'knight in shining armour' boyfriend?

I'm a female and happily married! and to jwwb the police were called and they took pictures as well.

I'm a female and happily married! and to jwwb the police were called and they took pictures as well.

Well, then scratch my idea on how to get the quickie divorce...:ohwell:

Well, then scratch my idea on how to get the quickie divorce...:ohwell:

WhaT, you don't think lesbian lovin would count as adultery??

I'm a female and happily married! and to jwwb the police were called and they took pictures as well.

Then there should be no problem with him being prosocuted. There isn't anything such as "simple assult". If marks were left and pictures were taken, then the assult was bad enough and the judge will not let the ding dong off on just PBJ, even with a lawyer who may be friends with the state's attorney.

And before some of you say :bs:, I've been on the side of the fence as her friend and I chose to use my spousal priviliage, of which, I should not have. But that is history.

We've already seen all of this, now we are just looking to find where to get annulment papers. He has hit her and he is being verbally abusive, she wants out.

if you have seen all of this already, i'm not quite sure why you're asking about annulment still?? annulment appears, from reading the info i gave, only an option IF wedding wasnt legal to start with - he or she were already married to someone else, IF they are blood relatives, and lastly, IF it was a minor that was not permitted to be married without consent of their guardian.

Looks like she is stuck with the standard, ONE YEAR voluntary separation and filing for an Absolute Divorce at the one year mark of separation. Spousal abuse doesnt seem to speed the divorce process, whereas Adultery is the only expedient way of getting divorced --- can FIEE FOR DIVORCE any time vs. having to wait the 1 yr to even be able to file.

She needs to leave, cut off communication with him, be thankful she can file for divorce in 1 yr. Then plan on another 6-9 months to get through the court system if he contests, kids and/or property involved. Be a good friend and continue to emotionally support her over the next 18 months.

His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ

Unfortunately his lawyer is probably right, unless he has a really long record of past charges and even then it might not matter.

I have one question though, why does she have contact with his lawyer?

Unfortunately his lawyer is probably right, unless he has a really long record of past charges and even then it might not matter.

I have one question though, why does she have contact with his lawyer?

She doesn't have contact with his lawyer. He told her that's what his lawyer said, and he also told her about the spousal privilage. BUT she is done and just wants out, there will be no evoking of the spousal privilage here.

And as for annulments, judges do it on a cases by case basis in maryland. And I am most certain if a judge was to hear her case there would be no problem. We just haven't a clue where to get those papers because the court house does not have them.

see these two webpages... THESE are the ONLY conditions in which a judge IN MARYLAND will consider granting an annulment --- i'd contact a local attorney that has a free consultation if you fall into these conditions for an annulment. they can get you started.

MGA Statutes Text Page 1 (http://mlis.state.md.us/asp/web_statutes.asp?gfl&2-202) and MGA Statutes Text Page 1 (http://mlis.state.md.us/asp/web_statutes.asp?gfl&2-202)

Well aparently her husband spoke with his Lawyer again and they said the case will most likely be dropped or put on stet because he has no priors! I can't believe this crap.

don't believe everything he's saying, probably trying to trick her

Well aparently her husband spoke with his Lawyer again and they said the case will most likely be dropped or put on stet because he has no priors! I can't believe this crap.

Don't let her believe his :bs: He is just blowing smoke to try and get her to use the spousal privilage so he DOESN'T have to face the charge in court.

This link has alot of information.

I believe it is the year wait period but file asap.
Doing Your Own Divorce in Maryland (http://www.peoples-law.org/family/divorce/diagnosing%20your%20divorce.htm)

page 34 has abuse information.

I thought in Md that you filed for separation first. Then after one year if there is no contesting , your granted absolute divorce. Once you have a signed separation agreement you can basically go on with your life single again. Atleast that's how it was when I did it. But that was a long time ago.:popcorn:

Yes, this is what we have been told. You have to get separated, wait 6 months to file and then after filing you have to be legally separated for a year.

Just cause she wants an annulment doesn't mean she qualifies for one. If you'd read the qualifications; him smacking her around isn't one.

She can file for divorce without the mandated waiting period if violence is an issue.

Tell her to pull her big girl panties up, leave, get a restraining order if she fears for herself and file for divorce. The state isn't going change the rules cause she wants an annulment.

I thought in Md that you filed for separation first. Then after one year if there is no contesting , your granted absolute divorce. Once you have a signed separation agreement you can basically go on with your life single again. Atleast that's how it was when I did it. But that was a long time ago.:popcorn:

in the state of MD, a signed separation agreement does not give you that single life status again --- to go on living as though you do not still have a spouse. Only once you have a signed divorce decree by the judge granting your divorce is it then "ok". one or the other spouse can file for divorce based on the grounds of adultery during that separation if the other party is in fact committing adultery. there is no statute for "legal separation" in MD. Most people assume all is good once you have that signed agreement, however, that is not the case at all. In MD, you are married until you are divorced.

in the state of MD, a signed separation agreement does not give you that single life status again --- to go on living as though you do not still have a spouse. Only once you have a signed divorce decree by the judge granting your divorce is it then "ok". one or the other spouse can file for divorce based on the grounds of adultery during that separation if the other party is in fact committing adultery. there is no statute for "legal separation" in MD. Most people assume all is good once you have that signed agreement, however, that is not the case at all. In MD, you are married until you are divorced.
Two things, I know that the State's Attorney's Office takes domestic violence very seriously, and looks for victims who will be victims! Tell your friend to contact the distrcit court states attorney and tell them she wishes to remain a victim and does not agree to a stet, or a pbj. My neighbor was a victim and she was treated fairly by the States Attorney's Office.

The other thing, I thought if you were a victim of a violent crime, you could get a speedy divorce.

He has been charged already, went for his prelim, and has his court date July 15th, 2009. Is this grounds for an annulment?

It is grounds for her to file paperwork for absolute divorce due to the proof she has on the assault. Few bucks, get the hearing and get him the hell out of her life.

It is grounds for her to file paperwork for absolute divorce due to the proof she has on the assault. Few bucks, get the hearing and get him the hell out of her life.

There is a legal aid work shop and the court house has a schedule of when these lawyers meet at the library and will sit and advise on what you need to do to do it yourself and what proper paperwork you will need to file. The Court House itself will not and cannot advise what paperwork you need ,they will tell you to get a lawyer. Downstairs in the basement of the Circuit Court House if you are in St Marys they have all the paperwork down there, you have to figure out which ones you need to file, and there should also be a schedule of dates which will tell you the times to meet with legal help if you need to ask questions.

Two things, I know that the State's Attorney's Office takes domestic violence very seriously, and looks for victims who will be victims! Tell your friend to contact the distrcit court states attorney and tell them she wishes to remain a victim and does not agree to a stet, or a pbj. My neighbor was a victim and she was treated fairly by the States Attorney's Office.

The other thing, I thought if you were a victim of a violent crime, you could get a speedy divorce.

Here are the grounds for an absolute divorce according to the laws of Maryland:

The grounds for an "absolute" or final divorce in Maryland are as follows:

1. One Year's Mutual and Voluntary Separation. Living separate and apart for one year without interruption.
2. Two Year's Involuntary Separation. Living separately and apart for two years without interruption.
3. Adultery.
4. Desertion. For one full year without legal cause, actual or constructive (you are forced to leave by the behavior of your spouse).
5. Conviction of a Felony or Misdemeanor. Requires incarceration for one year under a sentence of three or more years.
6. Insanity. Confined to a mental institution for at least three years.
7. Cruelty.
8. Excessively Vicious Conduct.

[QUOTE=greeneyes36;3805911]****** GOOGLE SEARCH ON "MARYLAND ANNULMENT" FINDS THE FOLLOWING....

In Maryland there are two types of annulment. In the first type the marriage is declared void ab initio, or from its inception, as though it had never existed. You do not legally have to go to court to have the marriage declared void ab initio, although it's a good idea to do so. In the case of an annulment, a marriage must be "totally void" in order for it to be considered annulled.

There are two characteristics of a "totally void" marriage:

the marriage posses some defect rendering it susceptible to collateral attack (some evidence that shows the marriage never happened or should have never happened) even after the death of one or both spouses; and
no direct step or proceeding to annul is necessary (although the latter may be desirable).
One such defect is if your spouse was formally married to someone else and still has not divorced that person. Your marriage to this spouse is considered totally void.


This one blows my mind.....you have to FILE for an anullment if the other person is already married???? The marriage would not have been considered LEGAL so why does the person have to FILE????? The marriage should be taken off the records automatically at the court house for this one. ONLY IN MARYLAND~~~~~~~~~~~~~~:smack:

He told her that's what his lawyer said, and he also told her about the spousal privilage.

If he's so damn abusive then why is she talking to him?


Anyone want to start a poll to guess how long it'll be until her friend is back with the accused?

If he's so damn abusive then why is she talking to him?


Anyone want to start a poll to guess how long it'll be until her friend is back with the accused?

Who gives two craps? :shrug:

Who gives two craps? :shrug:

the gossip queen does. Duh! i bet everyone is PMing her about it too.

If he's so damn abusive then why is she talking to him?


Anyone want to start a poll to guess how long it'll be until her friend is back with the accused?

Pot meet kettle.

Sorry but in this situation you should just keep quiet as to why someone is doing what they are doing when you have done the same thing despite what others were trying to advise you not to do.

Pot meet kettle.

Sorry but in this situation you should just keep quiet as to why someone is doing what they are doing when you have done the same thing despite what others were trying to advise you not to do.

I've never been abused. :shrug:

I've never been abused. :shrug:

Didn't say you were. Just said you had done the same thing, talking to a person in which people were advising you not to.

I've never been abused. :shrug:

Maybe not physically...

Didn't say you were. Just said you had done the same thing, talking to a person in which people were advising you not to.

But I was not claiming that they beat the crap out of me either. There's a difference.

Maybe not physically...

I definitely have been mentally abused on http://forums.somd.com on a regular basis but I keep coming back for more. :doh: :lmao:

I definitely have been mentally abused on http://forums.somd.com on a regular basis but I keep coming back for more. :doh: :lmao:

:killingme

But I was not claiming that they beat the crap out of me either. There's a difference.

I didn't read that she got the crap beat out of her, all I read was that he hit her. And it sounds like only once from the posting, but i may be wrong

I didn't read that she got the crap beat out of her, all I read was that he hit her. And it sounds like only once from the posting, but i may be wrong

In Domestic Violence, there is no ONCE, just the FIRST TIME.