THE BASICS OF ANNULMENT IN MICHIGAN

by Van Den Heuvel Law Office

Getting married can be one of the best experiences of a person’s life, but there are situations in which one or both spouses realize that this was not the right choice for them. While divorce is typically the way that most couples end their marriage, in some situations another option is available, which is known as annulment. At the Van Den Heuvel Law Office, our experienced family law attorneys can help you determine whether your situation qualifies for an annulment as well as explain how the process works. To learn more, call or contact our office today to schedule a consultation.

What is Annulment?

Annulment is a legal process that if completed declares that a marriage never occurred. An annulment is typically allowed by the court if the marriage is determined to have never been legal to begin with. This differs from a divorce, which legally ends a valid marriage. Every state has different grounds for filing for annulment, and in Michigan the grounds include the following: 

• Coercion: a spouse was forced to marry against their will
• Fraud: fails to tell a spouse about inability to have children or pregnant with another man’s child at the time of the marriage
• Bigamy: already legally married to another at the time of the marriage
• Underage spouse: persons under sixteen years old are not allowed without permission from the court
• Incapacity: includes physical and mental incapacity, but if the mental capacity is rectified the marriage can be legalized
• Kinship: marriage is not allowed between family members closer than first cousins, including stepchildren

The Annulment Process

The annulment process is similar to the process for filing for divorce in Michigan. A petition is filed with the court, and the spouse requesting the annulment must provide a reason, or grounds, for why the annulment should be granted by the court. A hearing is held, where the court makes a decision of whether to grant the annulment or shift the case to a divorce proceeding.

If the annulment is granted, the marriage never existed and legally the couple was never married. Any children had by the couple are considered legitimate, and the court can issue an order for custody and support. The judge in the case may also award a distribution of property to each person and post-separation support; however, permanent spousal support is not permitted in an annulment. These issues are significant and serious, which is why you should always have an experienced attorney representing your interests during an annulment proceeding to ensure that you walk away with everything that you deserve after dissolving a marriage in annulment. To learn more, talk to our office today.

Call or Contact Us Now

Annulment is a serious issue, and the court in Michigan is not keen to grant an annulment unless presented with compelling evidence to do so. If you are interested in speaking with a knowledgeable and experienced Michigan family law attorney about annulling your marriage, call or contact the Van Den Heuvel Law Office today to schedule a case consultation.

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