Annulment vs. Divorce in Michigan: Which One is Right for You?

When a marriage breaks down, couples in Michigan face significant decisions about how to end their relationship legally.

While divorce might be the more familiar option, annulment is an alternative path available under certain specific circumstances.

Here’s what you need to know about these two paths, and which one might be right for you.

What Is an Annulment?

An annulment fundamentally differs from a divorce because it legally declares that your marriage was invalid from the beginning. Rather than ending a valid marriage, an annulment treats the marriage as if it never legally existed.

In Michigan, you can get your marriage annulled only under specific circumstances that render a marriage void or voidable:

• Bigamy – Your spouse was already legally married to someone else when you wed.
• Consanguinity or affinity – You and your spouse are too closely related by blood or marriage.
• Underage marriage – Either spouse was under 18 without proper parental consent.
• Force or fraud – The marriage occurred due to coercion or deception, and you haven’t voluntarily lived together afterward.
• Hidden impotence – Your spouse was physically unable to consummate the marriage, and you were unaware of this condition beforehand.
• Mental incapacity – You can get a legal annulment if either spouse lacked the mental capacity to understand the marriage commitment.
• Substance influence – Either spouse was under the influence of drugs or alcohol to the extent that they couldn’t consent.

What Is a Divorce?

Divorce ends a legally valid marriage by dissolving the marital contract. Michigan operates under a no-fault divorce system, meaning you don’t need to prove wrongdoing by your spouse.

You can have legal grounds for divorce if you can demonstrate that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

This straightforward approach allows either spouse to file for divorce without assigning blame or proving specific grounds beyond the irretrievable breakdown of the marriage.

What is the Difference Between Annulment and Divorce?

The distinction between these two legal processes extends beyond their definitions and affects several important aspects:

• Legal status of the marriage – Divorce terminates a valid marriage, while marriage annulment declares the marriage was never legally valid.
• Required waiting periods – Divorce requires a minimum waiting period of 60 days without children or 180 days with children, while annulments have no mandatory waiting period.
• Residency requirements – Divorce requires at least one spouse to have lived in Michigan for 180 days prior to filing and in the county of filing for at least 10 days preceding the filing. In contrast, annulment can be filed by either party in the county in which they reside.
• Property division – Divorce typically involves equitable distribution of marital assets, while annulment invalidates the marriage, meaning there are no marital assets to divide.
• Spousal support – These payments (also called alimony) are available in divorce cases but not in annulment, as the parties involved were never legally married.
• Prenuptial agreements – An annulment automatically invalidates a prenuptial agreement, while a divorce doesn’t.

Grounds for Annulment and Divorce in Michigan

The requirements for these two legal processes differ significantly. For annulment, you must prove one of the specific grounds mentioned earlier. The burden falls on you to demonstrate why the marriage was invalid from the start.

For divorce, Michigan’s no-fault system simplifies the process. You only need to state that your marriage has broken down beyond repair. While you do not have to prove fault, Michigan courts may still consider misconduct when determining property division and spousal support.

Annulment vs Divorce in Michigan: Which One is Right for You?

Determining the best option depends on your specific circumstances. These are the primary factors that will influence your decision:

• Timing – How long ago did the marriage take place?
• Eligibility – Do you meet any of the specific grounds for annulment in Michigan?
• Financial considerations – How will property division and potential spousal support affect you?
• Personal preferences – Do you have religious or personal reasons for preferring one option over the other?

While some instances are relatively clear-cut, others may require the assistance of an experienced legal professional who can assess your situation in the context of the nuances of Michigan law.

Legal Effects of Annulment and Divorce

Both annulment and divorce legally end a marriage, but their effects differ in important ways:

• Children – Both processes can address child custody, support, and parenting time. A child’s legal status isn’t affected by either choice.
• Property division – Divorce typically involves equitable distribution of assets acquired during marriage, while annulment may focus more on returning property to its original owner.
• Name change – Either process allows you to resume using your pre-marriage name, as relevant.
• Legal status – After divorce, you are considered “divorced,” whereas after annulment, you are legally considered to have never been married to that partner.
• Future marriages – Both options allow you to legally remarry, though some religions may have different requirements regarding annulment vs. divorce.

An experienced Michigan family law attorney can explain the various potential consequences a divorce or an annulment will have for your future.

Consult a Michigan Family Law Attorney

Deciding between annulment and divorce is a significant choice with considerable legal implications. At Alward Fisher, we can help you decide which works best for your situation.

Our experienced family law attorneys will thoroughly review your case, explain all available options, and guide you through your next steps. We are committed to advocating for your interests while providing the personalized attention your case deserves.

Our Michigan family law attorneys have over 100 years of combined legal experience and can address all aspects of your family law matter, whether you are pursuing annulment or divorce. Our professional and compassionate attorneys will help you seek the most favorable conclusion possible to this challenging time.

Don’t wait to take charge of your life.

Contact Alward Fisher today to discuss your situation and learn whether annulment or divorce might be right for you.