Annulment vs. Divorce: Michigan Law

Many people are under the mistaken impression that getting their divorce annulled is somehow going to be faster, easier, or cheaper than getting a divorce. The fact is that every single element of a divorce that makes it a drawn-out, painful affair must still be dealt with in an annulment. There are still custody battles, martial estate division issues, and even support payments ordered by the court. The most significant differences between divorce and annulment are these:

Annulment Requires Certain Very Specific Circumstances

Whereas a divorce in Michigan can be granted for almost any reason — the standard is simply that “There has been a breakdown in 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.” An annulment on the other hand, can only be for the following reasons:

• Bigamy: One of the two parties is currently married to someone else.
• Consanguinity/Affinity: The two parties are related too closely to allow for legal marriage.
• Nonconsent: One of the parties was tricked or forced into the marriage, or simply never consented to the marriage in the first place.
• Competence: One of the parties was not capable of contracting at the time of the marriage.
• Age: One of the parties was under 18 (or under 16 if written consent was given by the parents) at the time of the marriage.
• Sterility/Impotence: One of the parties is unable (or becomes unable within the first two years) to have children. (Only the able party may seek annulment for this reason.)
• Court’s Decree: The court finds other grounds for justly annulling a marriage.

Why Seek an Annulment?

If an annulment isn’t any faster or less messy than a divorce, why try to get one instead of simply having a divorce?

• Marrying another person and legitimately calling it your “first” marriage can have significant psychological benefits.
• If you were receiving spousal support, pension benefits, social security, or insurance benefits from a previous marriage and those payments stopped because you remarried, an annulment will cause those benefits to be reinstated.
• An annulment eliminates all legal ramifications of having been married (except any children you had) such that they never actually existed; this can be very important for several mostly-obscure legal purposes.
• There are no residency requirements for an annulment, nor is there a 60-day waiting period before an annulment will be heard by the court.

On the other hand, annulments…

• Leave you with no dower rights, social security benefits, or SSI benefits of the marriage,
• Almost never result in spousal support, and
• Is much more difficult to prove valid and can be barred through several legal techniques.

If you believe that your marriage is invalid, and you believe that an annulment is appropriate, call Gucciardo Family Law today at 248-723-5190. We can help.