We want to start this by telling you right up front that annulments are hard. The courts are reluctant to grant them unless you can prove that you really deserve one, and that can be very challenging. You are going to be forced to discuss your very private business in a very public forum, which is the only way to ensure the court understands why you have legal grounds for having your marriage annulled.
So you need to keep that in mind before you embark on this process. In the end, many people choose to simply be legally separated or just get divorced. However, if you are seriously considering an annulment, here’s what you need to know about what Michigan law says on the subject.
Why would you get an annulment in Michigan?
Does Michigan law allow marriages to be legally annulled? Yes, it does. However, there are only 6 reasons why a marriage can be annulled in Michigan. In order to have your marriage annulled in a Michigan court, you will have to prove that one of the following six circumstances apply to your marriage:
- You were not of legal age when you were married
- You are too closely related to your spouse (for example they are a sibling or a first cousin)
- Your marriage is polygamous (which means you or your spouse is married to multiple people at the same time)
- You were forced into the marriage or defrauded (deceived) in some way (for example: being told that your spouse’s identity was different from who they really are)
- You were not legally able to enter into a binding contract (for example, a person deemed mentally incompetent by the court cannot sign a contract on their own)
- Your marriage has lasted less than two years but you have discovered that your marriage cannot be consummated, or that one of you cannot have children.
Are there any other reasons for an annulment?
Sometimes people’s situations don’t fit neatly into the six categories mentioned in Michigan’s annulment law, but they still believe their marriage isn’t legal. So what options are available to them? Well, it’s certainly much harder to get your marriage annulled when it doesn’t fall into one of the categories covered by the law, but not completely impossible. Here are a few more situations that have occasionally been grounds for annulment in Michigan:
- The officiant who oversaw the marriage ceremony didn’t have the authority to marry two people under the law
- The marriage was performed illegally in another country
- One of the spouses was already legally married to someone else but didn’t disclose that fact (this is called bigamy)
- The marriage was a common-law marriage, which isn’t legally recognized as a proper marriage in Michigan
Do you need help getting your marriage annulled in Michigan?
Although annulments are complex and can be very challenging, our hard working and tenacious family law attorneys can help you pursue an annulment, if that’s possible in your case. If you want the process fully explained, or you’re curious about whether or not your marriage is eligible for an annulment, call 866 766 5245 to set up your free consultation at The Kronzek Firm. We are available 24/7, including nights and weekends, to help the people of mid-Michigan with all of their divorce and marital needs, including child custody, alimony, asset division, and prenuptial agreements.