This article by Michigan law firm Steslicki & Ghannam PLC about annulment in Michigan is not intended to be, and should not be construed as, legal advice. If you would like an experienced attorney to provide legal advice about your specific situation, please get in touch with us.

The thought of a marriage annulment can be daunting, especially when unsure how it differs from a divorce.

Marriage is a sacred union between two consenting adults, but sometimes things don’t go as planned. Many couples end up seeking a divorce or an annulment for various reasons. While divorce is the most common process that people are aware of, another option is an annulment.

In Michigan, two types of marriages can be annulled; void and voidable marriages. The first step in any annulment is understanding the distinctions between these two terms. In this blog post, we will take a closer look at void and voidable marriages, the first step to annulment, and the timeline for the annulment process.

How Do You Get An Annulment in Michigan

What Qualifies To Get An Annulment in Michigan?

In Michigan, marriages are considered legal contracts, and as with any contract, certain criteria must be met for it to be valid. The marriage may be void or voidable if those criteria are not met.

An annulment is a legal action that declares a marriage invalid. This means that technically there was no legal marriage in the first place. Understanding the difference between a void and voidable marriage in Michigan is essential before you decide to proceed with an annulment.

Understand The Difference Between Religious Annulment vs. Legal Annulment

Before we start, it is important that you don’t confuse the process of religious annulment with legal annulment. An annulment by religious means does not affect the legal status of your marriage. Because annulments are a legal process that is limited or very specific, you should consult an experienced attorney.

Annulment in Michigan – Void Marriages vs. Voidable Marriages

Were you even legally married, to begin with?

Some marriages were invalid from the start. A void marriage cannot be annulled because it was invalid under Michigan law, meaning it never existed, to begin with.

In contrast, a voidable marriage is legally valid when entered into, but some circumstances give rise to an annulment.

Navigating the world of marriage annulment can be confusing and overwhelming, but understanding the definition of void and voidable marriages in Michigan is the first step.

How to Get An Annulment in Michigan

What is a Void Marriage?

A void marriage is considered to be invalid from its inception. In other words, it is as if the marriage never happened. There are several reasons why a marriage can be void, including but not limited to:

  • One of the spouses was underage at the time of marriage.
  • One of the spouses was already married.
  • The spouses are closely related, such as in the case of siblings or first cousins.

It should be noted that a void marriage does not require an annulment. Any court action to declare it void is considered redundant.

What is a Voidable Marriage?

A voidable marriage, on the other hand, is considered valid unless and until it is declared void by a court. The marriage may be subject to annulment if it meets certain criteria. Some common examples of voidable marriages include:

  • One of the spouses did not have the capacity to consent, such as due to mental incapacity or intoxication.
  • The marriage was entered into under duress or fraud.
  • The spouses did not have the physical ability to consummate the marriage.

It is worth noting that not all petitions for annulment are successful. The court will consider the evidence brought forward and will only invalidate the marriage if they find that the legal grounds for annulment have been met.

How Long Does The Annulment Legal Process Take?

The timeline for an annulment in Michigan can range from several weeks to several months, depending on various factors, such as the court’s workload, the complexity of the case, and the availability of the parties’ attorneys.

What Is The First Step to An Annulment In Michigan?

The first step in any annulment in Michigan is to file a petition in the county where the ceremony occurred. The annulment petition can be filed by either party, but because Michigan is a no-fault state, there is no need to prove that any fault lies with the other party. That being said, the complaint should include all the facts and circumstances that support your claim.

You will also need to provide evidence that supports your claim.

Once the annulment petition is filed, the other party must be properly notified and has the right to respond. The court will then schedule a hearing to hear your case and decide whether to annul the marriage.

First Step to An Annulment In Michigan

Time Limit to Annul a Marriage in Michigan

A time limit exists to annul a marriage in Michigan.

Under Michigan law, you have up to two years from the date of marriage to file a petition for annulment. If you fail to file within this timeframe, you may lose your right to annul your marriage.

Isn’t it easier to get an annulment than a divorce?

Michigan annulments can be harder than divorce. To have your divorce annulled in Michigan, you need to file a lawsuit with your attorney in the state court. Because annulment requests require court actions to prove the reasons for annulment, it can be much more difficult to pursue.

In contrast, Michigan is a “no-fault” divorce state, so you do not need a reason to get a divorce other than alleging an irreparable marriage breakdown.

We Are Here To Help: Contact Us Today!

The Steslicki & Ghannam, PLC team is here to provide guidance and support as you work through this process. Our experienced attorneys can explain your options, rights, and obligations and take the time to answer any questions you may have.

We are here to guide you through the process and help you make an informed decision about whether or not an annulment is the right option for you. Remember, this can have significant implications for your future.

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