When Should You Choose an Annulment Over a Divorce?

Separating spouses often choose between a divorce or legal separation. The third option for ending a marriage is an annulment. An annulment voids the marriage as if it had never existed.

An annulment is only an option if the marriage meets specific conditions. When a marriage qualifies, an annulment is usually preferred.

Annulment in Michigan

Every state has its own laws for annulment. Michigan state law allows a marriage to be annulled if it meets one of five criteria: kinship, bigamy, incapacity, underage marriage, or force or fraud.

Kinship

To qualify as a kinship marriage in Michigan, the spouses must be closer than first cousins. The relationship between spouses must be that of sibling, parent, child, grandparent, grandchild, aunt, uncle, niece, or nephew.

Kinship also applies to relationships by marriage. An annulment can be sought for marriage to a step-child, step-parent, or step-grandparent.

Bigamy

Bigamy means that at least one of the spouses has another living spouse at the time of the marriage. If one spouse was already married to someone else, the marriage could be annulled.

Incapacity

Incapacity includes both mental and physical incapacity.

Physical incapacity includes the inability to consummate the marriage. It also applies to sterility, impotence, or inability to have children. These conditions must be incurable for a marriage to qualify for an annulment. An annulment due to incapacity must be sought within two years of the date of the marriage.

Mental incapacity means one of the spouses could not understand that they were entering into marriage or the consequences of such a decision. Another person can file for annulment on behalf of the mentally incapable spouse.

Mental incapacity typically applies to a serious illness or condition, such as Alzheimer’s disease, stroke, or congenital disability.

If the incapable spouse recovers from their incapacity, the marriage can no longer be annulled.

Underage Marriage

Spouses in Michigan must be over the age of 16. If one or both spouses were under the age of 16 at the time of marriage, the marriage qualifies for annulment.

However, if the spouses continue to live together after reaching legal age, the marriage can no longer be annulled.

Force or Fraud

If one spouse is forced into the marriage, it can be annulled.

When one spouse lies to or otherwise misleads the other spouse, it’s possible to qualify for annulment on the grounds of fraud. Fraud must be of a serious nature. Lying about an inability to have children is an example of fraud in this context.

Divorce Proceedings are Unavoidable

It can be difficult but not impossible to be granted an annulment in Michigan. Most marriages end in separation or divorce rather than an annulment because the criteria are strict.

Whether spouses divorce or have the marriage annulled, they must still go through the standard divorce process to end the marriage.

Contact Gucciardo Family Law Today

If you’re considering divorce or annulment, the Gucciardo Law Firm, PLLC, can help.

Our family law lawyers protect your best interests with compassion, care, and professionalism while helping you navigate changes to your family structure.

Call our office today to schedule a free new client consultation.