Can You Get an Annulment in Michigan?

You know the time is right to end your marriage, but you’re unsure about your legal options for dissolving the relationship. Is annulment or divorce right for you? Can you get an annulment in Michigan?

There is a lot of confusion surrounding the concept of annulment and whether you can seek a marriage annulment in Michigan. At Alward Fisher, our savvy family law lawyers want to help you understand annulment and whether it is an option for you.

What Is Annulment?

Annulment is different than divorce. Divorce is a legal process for dissolving a valid marriage, allowing spouses to separate their lives and assets. An annulment is a legal process declaring that a marriage never occurred in the first place. If you never technically had a legal marriage, you could qualify to have your marriage annulled.

Can You Get an Annulment in Michigan?

Can you get a marriage annulment in Michigan? The answer is yes, but only under limited circumstances. If your marriage meets specific criteria, you can seek an annulment in Michigan by filing annulment paperwork in the circuit court of the county where you live. 

The most challenging part of getting your marriage annulled is providing sufficient evidence to the court to prove your marriage should never have been considered valid.

Grounds to Seek Annulment in Michigan

Michigan courts recognize numerous grounds for annulment, including:

• Force or Fraud – An annulment is an option when one spouse gets the other to consent to the marriage through force or coercion. Fraud is also grounds for annulment. Fraud refers to trickery or omission on the part of a spouse before marriage. Some examples include one spouse knowingly failing to disclose a prior marriage, a criminal record, or an inability to have children. 
• Under Legal Age – Minors under 16 cannot legally get married without permission granted by a signed court order. 
• Bigamy – If one spouse is already married when they marry another person, the subsequent marriage can be annulled. 
• Incapacity – Partners must be able to consent to marriage physically and mentally. If one of the parties that married had a physical or mental incapacity at the time of the marriage, the parties (or another party, on behalf of the mentally incapacitated spouse) could seek an annulment within two years of the marriage date. 
• Kinship – Spouses can qualify for an annulled marriage if they learn they are related to each other, closer than first cousins. Kinship includes stepfamily relations as well. 

An annulment means the marriage was not valid and never existed. However, if children are involved, the children are considered legitimate, and the court can issue an order for custody arrangements and child support.

Contact Our Traverse City Divorce Attorneys to Learn More 

Are you interested in more information about annulment in Michigan? Discuss your situation with a compassionate family law attorney from Alward Fisher. We want to help you understand your options and if you have a valid annulment case.  

Contact our Traverse City office today to arrange a consultation.