Annulment vs. Divorce in Michigan

Two individuals engaged in signing a contract on a table, exploring annulment and divorce in Michigan.

What are the differences between an annulment and a divorce in Michigan? Are there any advantages to seeking an annulment rather than a divorce? What steps do you need to take to obtain an annulment?

Annulment and divorce both end a marriage. The main difference between them is that a divorce ends a legally valid marriage, while an annulment voids the marriage as if it never happened.

Kraayeveld Family Law is a Michigan law firm that handles both divorce and annulment cases and other family law matters. We’ve built a reputation as honest and tenacious litigators who always go the extra mile for our clients.

If you’re considering divorce or annulment in Michigan, contact Kraayeveld Family Law or call us at 616-383-2679 to discuss the specifics of your situation and your legal options.

What Is an Annulment in Michigan?

Annulment is the legal process of dissolving a legally void marriage. In Michigan, a marriage is legally void if:

  • Either spouse was under 18 when the marriage began or no parental consent was provided at the age of 16 or 17
  • Either spouse was already married to someone else
  • The spouses were too closely related to be married
  • The marriage was performed due to force or fraud, and the couple did not voluntarily cohabitate
  • One spouse was impotent when they married, and the other spouse was unaware
  • Either spouse was mentally or physically incompetent when they entered into the marriage

Although the Michigan courts have the authority to grant an annulment of an illegal marriage, there are many circumstances when they may not do so. For instance, if one of the spouses alleges force or fraud but the court finds that they were voluntarily living with the other spouse as a married couple, the court would not annul the marriage. Or, if one spouse alleges mental incompetence or physical incapacity on the part of the other party, the court could find that the party was, in fact, competent to enter a marriage.

The most significant difference between divorce and annulment is that a divorce ends a valid marriage, while an annulment voids the marriage as if it never happened. An annulment is a legal declaration that the couple was never really married in the first place.

Key Differences Between Annulment and Divorce

Both an annulment and a divorce can include issues of child custody, child support, and property division. However, divorce is, in some ways, a simpler process than annulment in Michigan. Michigan allows no-fault divorce, so all you need to do to get a divorce is file a petition with the Circuit Court declaring that the marriage is broken and cannot be repaired. To get an annulment, you must prove that the marriage was not valid, and the process is less straightforward than simply declaring that your marriage is irreparably broken.

You can request spousal support or alimony in a divorce, but you cannot in an annulment.

A divorce allows for a division of assets, whereas an annulment only voids the marriage.

Whichever process you choose to follow, it’s crucial that you seek guidance from an experienced family law attorney.

How to Choose Between Annulment and Divorce

If you’re trying to decide between annulment vs. divorce, one of the first questions you should ask is whether you have legal grounds for an annulment:

  • Were you under 18 when you were married?
  • Was your spouse already married, or are you and your spouse close relatives?
  • Did your spouse use force or fraud to get you to marry them?
  • Is your spouse mentally or physically incompetent?

If you have grounds for a marriage annulment, the next question is whether there is any reason to ask a court for an annulment rather than a divorce.

Some potential advantages to annulment could include:

  • There is no waiting period for an annulment, but there is a waiting period of 180 days for a divorce with minor children or 30 days for a divorce with no minor children.
  • You will not have to pay spousal support after an annulment.
  • An annulment is sometimes faster, although this is not always the case due to the need to prove that you have grounds for the annulment.
  • Any prenuptial agreement is automatically invalidated by an annulment, so an annulment can be a way out of this otherwise legally binding document.

The best way to find out if an annulment or a divorce is the right choice for you is to consult a qualified family law attorney for advice specific to your situation.

The Legal Process for Annulment in Michigan

How do you get a marriage annulled in Michigan?

These are the steps you would need to take in an annulment case:

  • File a complaint explaining the reason for your annulment request in the Circuit Court of the county where you or your spouse lives.
  • Serve your spouse with a copy of the complaint requesting an annulment.
  • Your spouse will have up to 21 days to respond.
  • The Circuit Court will hold a hearing and decide whether to grant the annulment or change your complaint into a divorce petition.
  • Whether the court grants an annulment or a divorce, the court clerk will fill out a Record of Divorce or Annulment form.

A family law attorney can help you prepare your petition for annulment. Your spouse may contest the grounds for the annulment. For instance, they may claim they did not use force or fraud to convince you to marry.

How Our Michigan Divorce and Annulment Lawyers Can Help You

Deciding on divorce or annulment can be challenging, but a family law attorney can help you determine the right process. Kraayeveld Family Law is a Michigan family law firm known for our loyalty to our clients and the results we deliver for them.

Here are some of the things we can do for you:

  • We can determine whether you could have grounds for an annulment.
  • We can help you decide whether an annulment or a divorce would be a better choice.
  • We can prepare your complaint and file it with the court.
  • We can represent you in court and serve as your determined legal advocate.

Whether you need an annulment or a divorce, we’ll be with you every step of the way, fighting for your rights and demanding the other side respects them. Contact Kraayeveld Family Law for a consultation about your case today.