An annulment officially erases a marriage. In Michigan, it is harder to get your marriage annulled than it is to get a divorce. The annulment procedure is very similar to the divorce process, and you need filing of the right documents and service under the Michigan Law. There are various reasons to why a couple may want their marriage annulled.
Grounds to File for a Marriage Annulment in Michigan
•Bigamy: given that you or your marital partner were already married to another person at the time you came into this marriage together, you qualify for an annulment.
•Kinship: in the event that your spouse and you are related in a way that is illegal according to Michigan law e.g., as siblings or cousins, the marriage can be annulled.
•Incapacity: given that you or your spouse wasn’t in a position to make decisions for oneself or was physically incapacitated at the time the marriage came to be, your marriage is invalid. However, if the party who was incapable when the marital agreement was made eventually became capable and the parties remained together, the marriage will not be annulled.
•Underage: in the instance that you or your marital partner were under 16 years of age when you decided to get married, you may have the marriage annulled. However, if you continued to stay together after the underage party came of age, then an annulment does not apply.
•Fraud: An annulment is also possible if you or your spouse got married because you were tricked or forcefully made to agree to marry, and you didn’t cohabit at all during the time of the marriage.
What You Should Know
Any kids sired during the marriage are legitimate and legally belong to both parties even after the marriage is annulled. Custody of the kids can be decided during the annulment process. However, in the event that one of the parties is incapable or under 16 years of age, he/she is not allowed to take custody of the children. The court may also decide on child support.
The court can distribute property obtained during the marriage just like in a divorce situation. Alimony also applies, but permanent support is not possible in an annulment.
Need a lawyer? At the Plymouth and Ann Arbor law firm of Aldrich Legal Services, our attorneys have the skill and experience you need to address all family law issues that may arise during your divorce- contact us today.