Michael Idema

Grand Rapids Family Law Attorney

30 Years Experience

 		 
Michigan Family Law - Annulment:  Article by Michael Idema, Grand Rapids, MI Family Law Attorney. Schedule a free initial office consultation: (616) 647-2200.

Michigan Annulment Law

If you are not validly married, you may file a lawsuit requesting that the Court determine that your marriage is invalid.   Marriages are presumed to be valid.  Therefore, you must do more than just ask for an annulment; you must prove you are entitled to it.

Grounds for Annulment

  • You were under age (under 16, or under 18 without permission of parent or guardian) when you married
  • Bigamy (one of you were still married to someone else)
  • You are too closely related or the same sex.   "A man shall not marry his mother, sister, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or cousin of the first degree, or another man."  MCL 551.3.  "A woman shall not marry her father, brother, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or cousin of the first degree, or another woman."  MCL 551.4.
  • Mental incompetence such that you were legally incapable of entering into a contract.
  • Duress: you were forced into the marriage.
  • Serious fraud which goes to the heart of the marital contract, which is clearly established.  (Possible examples:  your spouse knowingly failed to disclose he or she can't have children; concealment of criminal record of crimes of moral turpitude; you are the victim of immigration fraud).  This ground is the least clear, will turn on specific facts, and hardest to prove. 
  • Concealed intent of your spouse to never have sexual intercourse.
  • Inability to have children, found out after marriage, if case brought within 2 years.
  • Marriage entered into as a joke.
  • Person who performed ceremony lacked legal authority to perform marriages.
  • Possible other reasons that go to the ability of a party to freely consent to marriage or otherwise affect validity of marriage.

The following are not grounds for annulment:

  • Short term marriage:  it is a common misconception that if you change your mind about being married within a short period of time, you can get an annulment.  There is no "trial marriage" or "satisfaction guarantee" on getting married.  If you were validly married, you cannot get an annulment.  (But note:  if your spouse refuses to "consummate the marriage" or concealed something major, you may have a ground independent of the length of the marriage.)
  • Your spouse just isn't the person you thought.  Fraudulent misrepresentation about wealth, social standing, fame, etc. are not grounds.  Failing to take the time to get to know your spouse before the marriage is not generally a ground.  (But note:  if the misrepresentation is severe enough, like your spouse concealing a conviction as a child molester, that may be sufficient fraud.)

Defenses to Annulment:  

There may be defenses to an annulment case other than an inability to prove grounds.  Depending upon the specific ground for annulment the defense of continuing to cohabit after you have learned of the grounds for annulment may be a defense.  This defense is not available for every ground for annulment.  Also, considerations of fair play may cause a Court to refuse to grant the annulment: for example, if you were complicit with or knew of the invalidity and elected to proceed with the marriage anyway.

Other Annulment Issues:

As with divorce cases, the Court may determine other issues and terms for the annulment.  For example, if you have a child, the Court can determine custody, parenting time, and child support issues.  If you have property and debts, the Court can order a property settlement.  Unlike divorce, you will not be eligible for alimony.  However, if you had alimony from a prior marriage, and have this marriage annulled, you may be able to go back and re-instate your former alimony award.

Filing For Divorce in the Alternative to Annulment:

Because annulment is a fault type proceeding and we might not be able to persuade the Court to grant the annulment, we usually will include a request for divorce as an alternative.  Therefore, if the Court does not grant the annulment, you would not need to start over with a new divorce case.

Free Initial Consultation:

You may schedule a free initial office consultation with Michael Idema to discuss annulment, divorce or other family law issues by calling (616) 647-2200.

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Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200

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This web site provides information for general knowledge only, and is not a substitute for advice from a lawyer.  For advice about what to do in your specific case please call for a free initial consultation.