Grounds For An Annulment In Michigan
In Michigan, the grounds for an annulment are incapacity due to age, bigamy, incapacity due to mental or physical condition, duress, fraud, kinship, and improper ceremony. Most of the grounds for annulment in the State of Michigan are difficult to prove, and few annulments are granted for that reason. To learn more about the differences between an annulment and a divorce click here
To receive an annulment in the State of Michigan, you will need to prove one of the grounds for your request for an annulment. Then the court must decide if you have met your burden of proof, and will grant or deny your annulment.
The grounds for annulment in the State of Michigan are expanded below. You would be required to show one of the following when seeking an annulment:
INCAPACITY DUE TO AGE: In Michigan, persons under the age of 16 are not allowed to legally marry unless they obtain a court order. If one of the parties are under 18, they must have consent of their parents or guardians to legally marry.
BIGAMY: Bigamy takes place when one spouse was already married to another person at the time of the subsequent marriage. This type of marriage is completely void.
INCAPACITY DUE TO MENTAL CONDITION: One party was legally incapable of entering into a contract when they married. Incapacity can include physical incapacity and mental incapacity. If one spouse was mentally incapable of entering into marriage, another person may file the annulment case on behalf of the incapable person. However, if either spouse who was incapable at the time of marriage later becomes capable and the couple continues to live together, then the marriage will become valid.
INCAPACITY DUE TO PHYSICAL CONDITION: If one spouse suffered from a physical incapacity, defect or infirmity at the time of the marriage, the marriage may be annulled if a case is brought to court within two years of the marriage date.
CONSENT OBTAINED UNDER DURESS: One of the parties was forced into the marriage when they married.
CONSENT OBTAINED BY FRAUD: One of the parties knowingly failed to disclose that they could not have children, concealed a criminal record of a crime of moral turpitude, entered into the marriage with the intent to commit immigration fraud, or failed to understand they were actually marrying at the time of the marriage.
KINSHIP: A marriage is invalid if it’s between a man and woman who are related closer than first cousins, including step-family relations (blood or affinity).
IMPROPER CEREMONY: The person who performed the ceremony did not have the legal authority to perform marriages.
OTHER REASONS: The ability of a party to freely consent to the marriage, foreign law violations, and other reasons that have to do with the validity of the marriage.
EFFECT OF ANNULMENT: When a judge orders a marriage annulled, the effect is that the marriage never existed and that the couple was never married. This is different from divorce, where a marriage exists but is then ended by a court order.
If you are seeking an annulment in the State of Michigan, it’s best to hire an attorney, as annulments can be complex.
GRAND RAPIDS DIVORCE COLLABORATIVE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
If you need to know more about a Michigan annulment, including how to file for an annulment, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. Schedule your consultation today with a dedicated attorney. We look forward to speaking to you and being your advocate during this crucial time in reframing your life. Contact Schmitt Law, PLLC online or call 616.608.4634 to arrange a consultation.
