Legal Separation and Annulment in Maryland

There is no legal separation in Maryland. Spouses who live separate lives for at least six months can file for divorce on the ground of a 6-month separation. Applications for limited divorce were filed only before October 1, 2023.

A marriage may be annulled if it is void or voidable. It is void if either party was already married to someone else, or if the parties are related within prohibited degrees (such as a grandparent, parent, child, sibling, grandchild, aunt or uncle, niece or nephew, stepparent, or a spouse's parent, child or grandchild). It is voidable if consent was obtained by abduction, fraud, duress or undue influence, or if a party lacked the mental capacity to consent; it cannot be annulled if the couple kept living together after the problem ended. The marriage's invalidity must be proved by clear and satisfactory evidence, and the court can still divide property, provide child support and award alimony.