Tuesday, January 8, 2013

Annulment in Maryland

I recently concluded a trial where the wife was seeking to obtain an annulment of her marriage.  The wife sought the annulment on the basis that the marriage had never been consummated and that her husband, who I represented, had only married her in order to become a citizen of the United States.  The husband denied both allegations of the complaint and, ultimately, although a settlement was reached, the Court dismissed the complaint on the basis that the wife had failed to prove that fraud had in fact occurred. 

It is well-established under Maryland law that annulments are a disfavored remedy.  Although not impossible to obtain, it is often difficult for a party to have a marriage annulled and Maryland Courts will give careful consideration of the grounds and facts before annulling a marriage.  Proving fraud is often an essential element for an annulment.  To establish fraud, the party seeking the annulment must prove that their spouse made a fraudulent representation - or fraudulently concealed facts from them - and that based upon this misrepresentation they were induced to enter into the marriage.  The spouse's fraud must be proven by clear and convincing evidence. 

If you would like to talk about a potential annulment of your marriage, please call our office at (301) 444-4660.

Monday, January 7, 2013

A Resolution to be Happy: Divorce and New Year's Resolutions

January is a time to make New Year's Resolutions and one thing I have noticed over the years is that a lot of people make a resolution to live a happier life around New Year's, and for many of them, this means taking the first steps towards getting a divorce.  Although reportedly the number one New Year's resolution people make is to spend more time with their family, a lot of people make a resolution to spend a lot less time with one particular family member:  their spouse.  Going hand in hand with the resolution to "enjoy life more" is to enjoy life more, single.

While new divorce clients do not often call during the December holidays, the phone starts to ring (a lot) after January 1.  People want to try and make it through the holidays (or do not want to ruin them for their families), so they often hold out to talk to a divorce attorney until January.  Having made it through the holidays, those who are unhappily married often resolve to live happier times ahead.

If you are among thoe who have resolved to live a happier life this year, and have questions regarding a divorce, or are interested in filing for divorce, please feel free to call my office at (301) 444-4660.  I would be happy to discuss your options with you and, hopefully, make 2013 a happier year for you.