Is annulment an option in a Michigan divorce?

With the diversifying of marital options comes the more prevalent reality that some couples must face legal separation, divorce, or annulment. And while separation and divorce are more cut and dry, you might be surprised to find out how annulment laws differ by state. Unlike many states, a legal Michigan annulment is not based on the length of the marriage but the inability to marry at the time of the marriage (void), or fraud in the original contract (voidable). As you can imagine, these stipulations can be difficult to prove and make it hard to qualify for an annulment.

Marriages that could not have taken place legally from the beginning are considered void.

These situations would include:

• One party was under the age of 16 when married, or under 18 without parental consent
• The two parties are too closely related by blood
• Finding that one party was already married to someone else before this second, additional marriage
• One party has a mental illness or proves mentally incompetent making them incapable of entering into a legal contract

Voidable marriages are those that can be voided due to fraudulent circumstances in the original agreement. The grounds for these situations must be clear and convincing in order to obtain an annulment. Some examples include:

• Marrying with the sole purpose of obtaining a green card
• One party being coerced into marriage under the false pretense that a child is biologically theirs
• Finding that one party was threatened or forced into the agreement against their will (duress)
• Agreeing to and marrying under the influence of drugs and alcohol
• One of the parties proving unable or knowingly not disclosing that he or she could not have children (The sterility and impotence must be incurable and require a couple file within two years of the marriage)
• One party concealed their intent, either that they never intended to consummate the marriage or entered into the marriage as a joke
• The person performing the ceremony lacked the appropriate legal authority to perform marriages

It’s worth noting what doesn’t fall under grounds for an annulment. As mentioned before, no matter if married for an hour or a year, the length of the marriage does not factor into qualifying for an annulment. Additionally, if you don’t like your spouse, you will not be entitled to an annulment in Michigan unless one of the above void or voidable situations can be proven in court.

If a spouse finds that any of the above criteria fit their current marriage and continue to live in their situation, cohabitation can act as a defense of annulment. This means that passively accepting voidable grounds can overcome any request for annulment.

If you have questions about your options, relating to divorce, separation, or annulment, please don’t hesitate to reach out to the qualified attorneys at The Gucciardo Law Firm by calling 248-723-5190 today.