How Does a Michigan Annulment Work?

 Posted on August 09, 2024 in Divorce

Many people associate an annulment with Catholicism. In that situation, an annulment is not a legal avenue to ending a marriage; rather, it is a spiritual one. Across the United States, each state has its own statutes that govern annulments and divorce. When you go through legal channels, an annulment renders your marriage as though it never happened, although there are rules in place for children born of the marriage as well as for asset division.

If you believe your Michigan marriage qualifies for an annulment and need help sorting out the details, it could be extremely beneficial to speak to a Northville, MI divorce attorney. When you have an attorney from Elkouri Heath, PLC who truly cares about your family law issue, you can rest easy knowing they will fight for the best outcome possible while always having your back.  

What Are the Requirements for a Michigan Annulment?

The state of Michigan does allow legal annulments but within a very narrow framework. An annulment must meet one of the following criteria:

• Incapacity as a result of age—In the state of Michigan, people under the age of 16 are not allowed to marry without a court order. Those under the age of 18 must have the consent of their parents or guardians to marry legally.  

• One of the spouses is already married to another person at the time of the current marriage.
• The person who performed the marriage did not have the proper credentials to do so.
• Mental incapacitation—One of the spouses was not legally capable of entering into the contract of marriage at the time.    
• Physical incapacitation—When one of the spouses suffered a physical defect, infirmity, or incapacity at the time of the marriage, an annulment may be sought.  
• Duress was used to gain consent and coerce one of the parties into the marriage.
• Fraud occurred, such as one party failing to disclose they could not have children, concealment of a criminal record, one party entering the marriage with the intent to commit immigration fraud, or a crime of moral turpitude concealed by one party.
• The spouses are related more closely than first cousins, whether through blood or stepfamily relationships.

What Are the Differences Between Annulment and Divorce?

The primary distinction between annulment and divorce is that when a judge orders that a marriage be annulled, it is as though the marriage never happened. A divorce acknowledges that a marriage occurred, and through a court order, the marriage is ended. Whether you obtain an annulment or a divorce, the end result is essentially the same. If there are children from the marriage, issues of child custody and child support will be determined.

If you and your spouse have accumulated marital assets at the time of the annulment, those assets will be split. However, because annulment invalidates the marriage and treats it as though it never occurred, the court must consider each case individually and could use different methods than the equitable distribution rules of divorce. Jointly owned property may be sold, and the proceeds split, or one spouse may be allowed to buy the other out.

Like divorce, both parties usually keep their premarital assets and debts. Debts and liabilities may be given to the spouse who accrued them. If you were receiving alimony from a prior marriage at the time of your current marriage and that alimony ended, it could be restarted when the annulment is final. This is because the marriage is legally nonexistent after the annulment.

To prove your case for annulment, you must definitively show that you have grounds for your request. If you fail to meet your burden of proof, the court will deny your annulment request. In general, you must seek an annulment within two years from the date of your marriage.  

Contact an Oakland County, MI Divorce Attorney

Whether you are seeking an annulment or a divorce, the best step is to contact a Novi, MI divorce attorney from Elkouri Heath, PLC. We have been serving clients throughout southeastern Michigan for more than 23 years and recognize the emotional challenges inherent in family law matters. If you want compassionate, customized representation along with highly personalized attention, contact Elkouri Heath, PLC at 248-344-9700 to schedule your free consultation.