Maryland Annulment and Prohibited Marriage Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 17, 2024

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Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of annulment and prohibited marriage laws that prohibit marriages under certain circumstances. A prohibited marriage is void because the marriage was never lawful. Generally, there's no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry a relative.

An annulment, on the other hand, is a way to void a marriage that would be otherwise invalid. While both an annulment and a divorce end a marriage, an annulment wipes the slate clean as if there was no marriage to begin with. However, you usually need to get an annulment within a certain time limit, so it is important to act promptly if you are considering an annulment.

This article provides a brief overview of annulment and prohibited marriages in the state of Maryland.

Annulment and Prohibited Marriage Laws in Maryland

Annulment and prohibited marriage statutes in Maryland are highlighted in the chart below.

Legitimacy of Children

When a criminal or equity court annuls a marriage, or when an equity court decrees an absolute divorce for a reason that makes the marriage void ab initio, the court shall declare each child of the marriage to be a legitimate child of the parties to the marriage (M.D. Family Law Code Ann. § 5-202)

Prohibited Marriages
  • An individual may not marry the individual's grandparent, parent, child, sibling, or grandchild, or an individual's grandparent's spouse, spouse's grandparent, parent's sibling, stepparent, spouse's parent, spouse's child, child's spouse, grandchild's spouse, spouse's grandchild, or sibling's child; an individual who violates this is guilty of a misdemeanor and on conviction is subject to a fine of up to $1,500 (M.D. Family Law Code Ann. § 2-202)
  • An individual 16 or 17 years old may not marry unless the individual has a consent of a parent or guardian and the parent or guardian swears that the individual is at least 16 years old or if the individual does not have the consent of a parent or guardian, either parent to be married gives the clerk a certificate from a licensed physician stating that the physician has examined the woman to be married and has found that she is pregnant or has given birth to a child (M.D. Family Law Code Ann. § 2-301)
  • A child the age of 15 may not marry unless the individual has consent from a parent or guardian and either party to be married gives the clerk a certificate from a licensed physician stating that the physician has examined the woman to be married and has found that she is pregnant or has given birth to a child (M.D. Family Law Code Ann. § 2-301)
  • An individual under the age of 15 may not marry (M.D. Family Law Code Ann. § 2-301)
Same-Sex Marriages The U.S. Supreme Court's decision in Obergefell v. Hodges (2015) established that bans on same-sex marriage violated the Fourteenth Amendment's equal protection clause, legalizing same-sex marriages in every state, including Maryland.

Note: State laws are always subject to change through the passage of new legislation, rulings In the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources: Maryland Annulment and Prohibited Marriage Laws

Whether you're wondering if you can get married, making the decision to end a marriage, or questioning whether or not your marriage was legal to begin with, marriage law can be complicated. You can also visit FindLaw's sections on Annulment, Divorce, and Maryland Family Law for more articles and resources on this topic.

Next Steps: Speak to a Family Law Attorney

If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local divorce attorney. An experienced attorney can view the specific facts of your separation and give legal advice relevant to your state laws.

Get started by speaking to a local family law attorney today.

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