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.