Ellen Paynter – Michigan Divorce Lawyer - Michigan Divorce and Family Law Firm

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ANNULMENT IN MICHIGAN

A Michigan annulment is not based how long you have been married

  • A Michigan Annulment is based upon either the inability to marry at the time of the marriage, or fraud in the contract of marriage.
  • Most of the grounds for an annulment in Michigan are difficult to prove and few marriages in Michigan actually qualify for an annulment.
  • You must prove the grounds for an an annulment.
  • The Court must decide that the grounds for an annulment were proven and that there never was a legal marriage.

Attorney Ellen Paynter is experienced in annulment cases in Michigan. Contact our office to discuss if you might be granted an annulment in Michigan.

Grounds for Annulment in Michigan

  • INCAPACITY DUE TO AGE:
    • One of the parties was under age the age of 16 when they married.  MCL 551.51
    • One of the parties was under the age of 18 without permission of parent or guardian when they married. MCL 551.103 & MCL 552.34
  • PROHIBITIVELY RELATED:
  • BIGAMY:
    • One of the parties was already married to someone else when you married. MCL 551.5 & MCL 552.1
  • INCAPACITY DUE TO A MENTAL CONDITION:
    • One party was legally incapable of entering into a contract when they married.  MCL 552.1 & MCL 552.36
  • PHYSICAL INCAPACITY:
    • One of the parties is unable to have children, discovered after the marriage, and must be brought within two years of the marriage. MCL 552.39
  • CONSENT OBTAINED UNDER DURESS:
    • One of the parties was forced into the marriage when they married.
  • CONSENT OBTAINED BY FRAUD IN THE CONTRACT OF THE MARRIAGE:
    • One of the parties knowingly failed to disclose that he/she could not have children;
    • One of parties concealed a criminal record of a crime of moral turpitude;
    • One of the parties entered into the marriage with the intention to commit immigration fraud;
    • One of the parties did not know they were actually marrying at the time of the marriage.
  • CONCEALED INTENT:
    • One of the parties concealed that they never intended to have sexual intercourse.
    • One of the parties refuses to consummate the marriage. One of the parties entered into the marriage as a joke.
  • IMPROPER CEREMONY:
    • The person who preformed the ceremony lacked legal authority to perform marriages.
  • OTHER REASONS:
    • Other reasons that have to do with the ability of a party to freely consent to the marriage,
    • foreign law violations and
    • other reasons that have to do with the validity of the marriage.

NOT Grounds for Annulment in Michigan

The following are not reasons for the court to grant an annulment:

  • LENGTH OF MARRIAGE:
    • The length of a marriage is NOT a ground for an annulment.
    • If you are married for only one hour, one day, one week, one month or one year you are not entitled to an annulment in Michigan unless one of the above ground exist and can be proven in Court.
  • NOT HAVING LIVED TOGETHER:
    • Even if you have not lived together since the marriage, one of the above grounds must exist and be proven in Court in order to be awarded an annulment.
  • NOT HAVING SEX TOGETHER:
    • Even if you have not had sex since the marriage, one of the above grounds must exist and be proven in Court in order to be awarded an annulment.
  • BUYERS REMORSE:
    • Finding out after the marriage that you don’t like your spouse, your spouse doesn’t have as much money or income as you thought, or finding out he or she is just not the person you thought, are NOT grounds for an annulment.

Is getting an Annulment Easier than a Divorce

  • It is NOT easier to get an annulment than a divorce in Michigan.
  • To receive an annulment in Michigan, you must
    • file a complaint,
    • have the other party served and
    • do all the other steps required in a divorce
    • PLUS you have to PROVE the grounds for the annulment.
  • Since most annulments require litigation to PROVE the grounds of the annulment, they can be much more expensive to pursue than a divorce.

Can I contest an Annulment

Yes an annulment can be challenged based on:

  • INABILITY TO PROVE GROUNDS:
    • The person requesting the annulment MUST be able to PROVE the grounds alleged.
  • CONTINUED COHABITATION:
    • If the person requesting the annulment continued to live with their spouse after they have learned of the grounds for the annulment, they could possibly not be granted an annulment
  • PRIOR KNOWLEDGE:
    • If the person requesting the annulment was aware of the inability of the other party to marry at the time of the marriage, it is possible that an annulment in Michigan.
  • Most parties who file for an annulment in Michigan, also file an alternate claim for a divorce, in case the annulment is not granted.
  • So, although you may not be able to prove the grounds for an annulment, the marriage can still be dissolved in a the divorce.

Are our things divided in an Annulment

  • A Court Michigan can award a property settlement in an annulment.
  • However, the Court may possibly make a very different property settlement in a case with the same facts depending on whether to case is an annulment or a divorce.

Can I get Alimony in a Michigan Annulment

  • Parties to an annulment are not entitled to spousal support (alimony).
  • However, if a party was receiving alimony from a prior divorce that ceased upon the new marriage, and the new marriage is annulled, the alimony from the prior marriage may be resumed.

Are our kids illegitimate if we get an Annulment

  • No. In Michigan, children born during a marriage that is later annulled are considered legally legitimate children of the parties.

Custody, Parenting Time, Support and Annulment

  • The Court will determine custody, parenting time and child support issues just like in a divorce case in Michigan.

Can I get an Religious Annulment in Michigan

  • If you are granted a legal divorce from the Court, rather than a legal annulment, your religion may provide some form of a religious annulment.

LET US HELP YOU

The above is not intended to be legal advice, and is only a brief overview of the law in Michigan regarding an annulment in Michigan.  If you have questions regarding Michigan annulments, contact us  today.  Attorney Ellen Paynter, a Michigan annulment lawyer will discuss with you Michigan annulment law, providing you with information to protect you for years to come.