An annulment procedure is quite different than a divorce or legal separation. Through an annulment in Michigan, either the husband or wife asks the courts to rule that the couple was never legally married in the first place. If the annulment case is successful, the courts will void the marriage and it will be as if the marriage never existed.
Generally, couples seek an annulment because their marriage was illegitimate or they were never legally married. For instance, Michigan law prevents relatives from marrying and Michigan law does not permit a person to marry who currently has a husband or wife. These conditions are rare, but they’re grounds for an annulment in Michigan.
Annulments Are Seldom Granted
Annulments are seldom granted by the courts and they’re less common than a divorce or legal separation. In fact, it can be more difficult to annul your spouse since certain legal grounds must exist, such as:
- Either the male of female was not old enough to legally enter into marriage when the marriage occurred. Minors below the age of 16 cannot legally marry in Michigan without their parent’s consent.
- Either the male or female is incapable of marriage because of drugs, alcohol or a mental condition. However, it is not grounds to annul your marriage because your spouse promised to stop drinking or taking drugs and never did.
- An extremely close blood relationship exists between the couple. For example, men are legally forbidden in Michigan from marrying their mother, daughter, granddaughter, grandmother, stepmother, grandfather’s wife, son’s wife, grandson’s wife, wife’s mother, wife’s grandmother, wife’s granddaughter, his sister, brother’s daughter, sister’s daughter, father’s sister, mother’s sister or a first cousin. Women are legally forbidden in Michigan from marrying their father, son, grandson, grandfather, stepfather, grandmother’s husband, daughter’s husband, granddaughter’s husband, husband’s father, husband’s grandfather, husband’s son, brother, brother’s son, sister’s son, father’s brother, mother’s brother, or a first cousin.
Legally filing for an annulment is similar to a divorce, but it’s much harder to obtain since one of the above legal conditions must exist. If children were born from the illegitimate marriage, they are considered legitimate children however and the Michigan courts will issue custody and child support.
Michigan Annulment Lawyers
If your marriage is illegitimate and you’re seeking an annulment, don’t hesitate to contact the Michigan annulment attorneys at Nessel and Kessel Law in Detroit, Michigan, for the quality and compassionate legal representation you deserve. With years of experience, Nessel & Kessel Law will make your case a top-priority, working hard to minimize the negative effects an annulment can have on both you and your family’s future.