For residents of Michigan, particularly those in Ingham, Clinton, Eaton County, and throughout Mid-Michigan, understanding how annulment works under Michigan law is essential if you’re considering ending your marriage in this way.

Unlike divorce, which terminates the marriage, an annulment in Michigan is an adjudication that the marriage was never legally valid. Essentially, the marriage never happened.

What is an Annulment in Michigan?

In Michigan, annulment is a legal process used to declare a marriage void or voidable. MCL 552.1 through MCL 552.6 provide the framework for Michigan annulments. If the circumstances of your marriage align with any one of the grounds for annulment, then you can petition the court to have your marriage annulled.

This option can be important for people with religious concerns, as many faith traditions do not recognize divorce but do allow remarriage after an annulment.

What Are the Grounds for Annulment in Michigan?

To successfully obtain an annulment, a party must show that the marriage was either void or voidable under Michigan law. The recognized grounds include:

• Bigamy: If one party was already legally married at the time of the subsequent marriage (MCL 551.5), the second marriage is void.
  
• Incestuous Marriage: Marriages between close blood relatives are void under MCL 551.3 and 551.4.
  
• Mental Incapacity: If one party lacked the mental ability to understand the nature of the marriage contract at the time of the ceremony.
  
• Underage Without Consent: Michigan law requires parties to be at least 18 years old to marry, or 16 with parental or court consent.
  
• Fraud or Duress: A marriage entered into due to significant deception (e.g., hiding infertility, criminal history, or the true intent to marry only for immigration benefits) or coercion may be annulled if the fraud directly affects the essence of the marital relationship.
  
• Inability to Consummate the Marriage: If one party is physically unable to have sexual relations, and this fact was not disclosed before the marriage.
  

Each ground has its evidentiary requirements that must be established in court. The standard is typically clear and convincing evidence, meaning that the fact presented must be substantially more likely to be true than not.

Is There a Time Limit for Filing for Annulment in Michigan?

While Michigan does not impose a specific statute of limitations for filing an annulment, delay can make proving certain claims (like fraud) more difficult. Consulting with an attorney about your specific circumstances is critical if you suspect your marriage may qualify for annulment.

What is the Process for Obtaining an Annulment?

The process to file for an annulment in Michigan is similar to filing for divorce, with some key differences:

1. Jurisdiction: One spouse must reside in Michigan for at least 180 days and in the county of filing for at least 10 days (MCL 552.9).
   
2. Filing: Complaints for annulment are filed with the Family Division of the Circuit Court.
   
3. Service and Response: The other spouse must be served and given 21 days to respond.
   
4. Hearing: The court will hold a hearing to determine if the legal grounds exist to grant the annulment.
   
5. Judgment: If the court finds sufficient grounds, it will enter a judgment of annulment, legally voiding the marriage.
   

What Happens to Property, Custody, and Support After an Annulment?

Even though the marriage is considered void, Michigan courts can still address the equitable division of property and debts, especially when parties have lived together and acquired joint assets.

• Property Division: Courts may equitably divide assets and liabilities to prevent unjust enrichment, similar to divorce proceedings.
  
• Spousal Support: this is rare in annulment situations, but may be awarded on equitable principles, especially in long-term relationships where one party is financially dependent.
  
• Children: A child born during an annulled marriage is considered legitimate under Michigan law. Custody, parenting time, and child support are governed by the Michigan Child Custody Act (MCL 722.21 et seq.), and the child’s best interests remain the court’s primary concern. To learn more about how custody is decided, click here.

Do I Need an Attorney to File for Annulment?

Proving grounds for annulment can be complex; it is highly recommended to consult a Michigan family law attorney. Whether you live in Lansing, Eaton, or elsewhere in Mid-Michigan, an experienced lawyer can help gather necessary documentation, file the proper pleadings, and advocate for you in court.

Final Thoughts

Annulment is a powerful—but limited—legal remedy. If you believe your marriage may have been invalid from the start, it’s essential to speak with a qualified Michigan family law attorney to determine if you should seek an annulment or a divorce.

At The Kronzek Firm, our experienced family law attorneys represent clients across Mid-Michigan, including Ingham, Clinton, Ionia, and Eaton Counties. We can help you navigate issues like fraud, bigamy, and consent, and ensure your rights and assets are fully protected.

📞 Our attorneys have assisted thousands of Michigan clients for over 30 years. You can reach all of our offices 24/7 by calling (517) 886-1000.

[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]