Understanding Marriage Annulment in Michigan

Marriage annulment in Michigan refers to the process that declares a marriage record invalid from its inception, rendering it legally null and void. Annulment differs from divorce, which is the termination of a legitimate marriage. The purpose of marriage annulment in Michigan is to correct situations where individuals enter into a marital union that is contrary to the state’s marriage laws.

Generally, marriage annulment may be granted for moral, religious, or legal reasons. The process restores the individuals involved to single status while clarifying their rights and responsibilities if the union produced minor children or involves joint assets. In Michigan, either spouse in a void or voidable marriage or the parent or guardian of a minor in a marriage can petition for annulment. Once the court issues the annulment decree, it ends the marriage and restores the couple to their pre-marriage status.

Grounds for Annulment in Michigan

There are several grounds for annulment of marriages in Michigan. Individuals who are part of void marriages can seek annulment at any time. For instance, individuals can seek annulment for a bigamous (Michigan Compiled Laws Section 551.5) or incestuous act (Michigan Compiled Laws Section 551.3), or if a marriage involves an underage individual (§ 551.51 of the Michigan Compiled Laws). Furthermore, either spouse in a marriage can seek annulment if:

• The marriage is induced by fraud or misrepresentation
• The marriage is a result of coercion, or the individual was under duress
• The party was intoxicated or mentally incapacitated at the time of the marriage
• The partner is physically incapable of consummating the marriage.

Eligibility Requirements for an Annulment in Michigan

Michigan laws permit eligible individuals to petition the Circuit Court to annul marriages that are void or voidable.

Void Marriage

Void marriage refers to a union that is invalid from the beginning. This includes marriage to a minor or an incestuous or bigamous marriage. In Michigan, individuals who are eligible to petition for annulment of void marriages include:

• Either spouse (husband or wife)
• The previous lawful spouse
• State or a public official. For instance, the Michigan
• Third parties with a legitimate interest. For example, heirs, children, or beneficiaries.

Voidable Marriage

A voidable marriage refers to a marriage that is valid until the court declares it void. Circumstances that can make a marriage voidable include:

• Marriage that results from fraud or misrepresentation
• Marriage due to coercion or duress
• Mental incapacity or intoxication that led to a marriage
• Physical incapacity to consummate the marriage
• Marriage to an underage person.

Only the injured or affected spouse can petition for annulment of a voidable marriage. However, if the couple continues to stay together after they discover or resolve the defect, the marriage becomes ratified, and the law will no longer consider it voidable.

Under Michigan Laws, a void or voidable marriage may qualify for expungement if one or both spouses reside in the state. Additionally, an individual seeking annulment must file the petition in the Circuit Court in the county where the marriage was conducted. Michigan does not set a time limit for annulment of void marriages. However, a petition for the annulment of voidable marriages should be filed within a reasonable time after discovery.

In Michigan, Circuit Courts grant annulments and determine legal status. Religious annulments, which some churches and other faiths recognize, are separate and independent processes and do not change a person's legal marital status.

How to Get a Marriage Annulled in Michigan

Individuals who seek marriage annulment in Michigan must petition the Circuit Court located where either of the spouses resides. The following steps are a guide on how to petition for annulment of marriage in Michigan:

• Prepare and submit a petition at the Circuit Court. The petition should include:
  • The names of the spouses
  • Marriage date and place
  • Grounds for annulment
  • Any relief request. For instance, declaration of annulment, custody, support, or property orders
• Pay the filing fees or ask for a waiver if eligible
• Serve annulment complaint and summons to the respondent
• The respondent may file an answer or a motion, or either party may ask for a temporary order while the case proceeds
• Provide evidence to back the annulment petition. The burden of proof is on the petitioner to show that the marriage is void or voidable. For instance, the person seeking annulment must provide evidence of bigamy, incest, fraud, coercion, or other grounds for annulment.
• The court will fix a hearing date. For a void marriage, the court may resolve the case quickly once the petitioner provides facts (for instance, evidence of bigamy, incest, or underage marriage without consent). A contested voidable marriage may take longer
• If the court finds legal grounds for annulment, it will issue a decree to invalidate the marriage. The judgment may also address issues such as child custody and support, as well as the division of property or assets.

After annulment, the former spouses may need certified copies of the judgment for purposes such as changing their names, recordkeeping, or benefit claims. The Michigan Department of Health & Human Services is the custodian of the state's annulment records.

Typically, a simple, uncontested annulment can take anywhere from weeks to a few months to conclude. However, contested voidable cases may take several months to a year or more, depending on evidence, court schedules, and whether there are appeals. Cases involving extensive discovery processes or expert testimony may take longer periods.

Required Forms and Documentation for an Annulment in Michigan

Annulment petitions in Michigan are often more complex than divorce cases and may require complex pleadings or motions tailored to the facts of these cases. In Michigan, there are no standard court forms for filing for annulment. However, individuals may need to use generic forms that can be downloaded from the Michigan State Court Administrative Office website or county-specific forms from local Circuit Courts.

Typically, marriage annulments in Michigan require the following categories of forms:

Pleading Forms

• Complaint (or Petition) for Annulment
• Summons/Service Documents
• Affidavit of Service/Proof of Service
• Verified Statement (if required)
• Judgment/Order of Annulment

Supporting/Reporting Forms & Administrative Documents

• Record of Divorce or Annulment Form (DCH-0838)
• Local Circuit Court forms/local rules.

Where to File for an Annulment in Michigan

In Michigan, the Family Division of the Circuit Courts handles annulment cases. These courts oversee domestic relations cases, including divorce and annulments. Individuals seeking annulment are required to petition the Circuit Court in the county where either spouse resides to handle annulment cases. Unlike in some other states, Michigan courts do not have jurisdiction to handle marriage annulments if the involved parties are not residents of Michigan.

Individuals whose marriages were conducted in Michigan but live outside the state can petition for annulments at the relevant courts at their current locations (if their host states allow it). However, certified copies of the annulment judgment must be filed with the Michigan Department of Health and Human Services to update their marriage records.

While the core legal process for marriage annulments in Michigan is the same statewide, local procedures may vary across counties. Hence, intending petitioners may need to inquire through the relevant Clerk’s Office or engage the services of legal professionals.

Annulment Timelines and Waiting Periods in Michigan

Michigan does not impose a mandatory timeline for annulment cases. The duration of a marriage annulment proceeding in the state depends on practical factors such as evidence, disputes, and court scheduling.

The court can finalize an annulment case and issue a judgment as soon as it reviews the evidence. These cases may conclude in a relatively short time. However, some cases may take extended periods to conclude. For instance, some contested annulments may extend even beyond the typical time frame for most divorce cases.

A marriage annulment process may proceed quickly if the petitioner provides timely evidence to show that a marriage is void or voidable, all supporting documents and necessary filings are in order, and the court has an uncongested schedule. Additionally, the judge may deliver a faster judgment if the annulment is uncontested.

Costs and Court Fees for an Annulment in Michigan

The costs and court fees for annulment in Michigan vary across counties. Depending on the specifics of the annulment and the local court, the filing costs for marriage annulment in Michigan may range from $150.00 to $300.00. These costs exclude attorney fees, whose amounts depend on case complexity, the discovery of evidence, and whether the annulment is contested.

Individuals who lack the money to pay for annulment fees can request waivers. Additionally, the State Bar of Michigan “Modest Means Program” connects moderate-income clients with attorneys at reduced rates.