A legal annulment is a declaration that a marriage never took place. This is quite different from a divorce since it erases the marriage as if it never existed. It is not a simpler or quicker way to get divorced, as some people think, but is granted in very limited circumstances.
In Michigan, an annulment can only be obtained if one of the following situations is present:
-One of the parties was already married and never legally divorced (bigamy).
-One of the parties was underage at the time of the marriage.
-One of the parties did not have the mental or physical capacity to marry. (There are some time limits here so if this applies to someone you are advocating for, check with an attorney.)
-The couple are related closer than first cousins, including step family situations.
-When consent was obtained under fraud or force and the couple did not live together.
Since annulment is a used in very special and limited situations it is vital that you seek the advice of a family law attorney if you are seeking an annulment. Some marriages that are eligible for annulment can become a legal marriage under certain circumstances so you really need the advice of an attorney on this one. Your attorney will be sure you qualify and then file papers with the court on your behalf.
Nothing herein constitutes legal advice.
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WOTV 4 women’s legal expert Gail Saukas