When to Pursue Annulment vs. Divorce

Ending a marriage brings overwhelming emotions and difficult decisions. If you’re facing the reality that your marriage cannot continue, you may feel confused about which legal option serves your situation best. The choice between annulment and divorce in Michigan carries significant consequences for your future, your finances and your peace of mind. At Van Den Heuvel Law, we believe grasping the key distinctions between these two legal processes is essential for making well-informed decisions during this difficult time. Each option addresses different circumstances and offers distinct advantages depending on your specific situation:

• Annulment:
  • Pursued when a marriage was legally invalid from the start.
  • Common reasons include bigamy, fraud or marrying a relative.
  • The marriage is treated as if it never occurred.
• Divorce:
  • Pursued when a valid marriage has ended due to a breakdown of the marital relationship.
  • Available for almost any marriage that has failed.
• Key Difference:
  • Annulments are granted under specific, limited circumstances.
  • Divorce is more broadly available for marriages that have ended.

What Is Annulment in Michigan?

An annulment legally declares that your marriage was never valid from the beginning. Unlike divorce, which ends a legally recognized marriage, annulment treats the union as if it never existed in the eyes of the law.

Michigan law recognizes specific grounds for annulment:

• Age restrictions: Either spouse was under 18 without proper parental consent
• Existing marriage: One spouse was already married to someone else
• Blood relations: The spouses are too closely related by blood or family ties
• Force or fraud: The marriage occurred under coercion or deception, and the couple didn’t voluntarily live together afterward
• Impotence: One spouse was impotent at the time of marriage, unknown to the other party
• Mental or physical incompetence: Either spouse lacked the mental or physical capacity to consent to marriage

The court must find clear evidence supporting one of these conditions before granting an annulment. Simply wanting to “undo” your marriage doesn’t qualify as grounds for annulment.

Understanding Divorce in Michigan

Divorce legally terminates a valid marriage. Michigan operates as a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse. You simply need to demonstrate that the marriage has broken down irretrievably with no reasonable possibility of reconciliation.

Divorce addresses various issues, including:

• Property division
• Spousal support (alimony)
• Child custody and support
• Debt allocation

Key Factors to Consider When Choosing

Legal Grounds

First, determine whether you meet the strict requirements for annulment. If your situation doesn’t fit Michigan’s specific annulment criteria, divorce becomes your only option.

Financial Implications

Annulment may eliminate spousal support obligations since the marriage is treated as never having existed. However, property division becomes more complex, as courts must determine what belongs to whom without the typical marital property framework.

Timeline Considerations

Annulments have no mandatory waiting period, potentially allowing faster resolution. However, proving grounds for annulment can extend the process if your spouse contests the claims.

Prenuptial Agreements

Annulment automatically invalidates prenuptial agreements, which might benefit you if the agreement contains unfavorable terms.

The Legal Process: What to Expect

Both annulment and divorce require court filings and legal proceedings. The annulment process involves:

1. Filing a complaint in the Circuit Court where you or your spouse resides
2. Serving your spouse with annulment papers
3. Allowing your spouse 21 days to respond
4. Attending court hearings where you must prove grounds for annulment
5. Receiving the court’s decision

If the court finds insufficient grounds for annulment, your case may convert to a divorce proceeding.

Making the Right Choice for Your Future

The decision between annulment and divorce affects more than just your legal status. Either option may be more suitable depending on your marriage’s circumstances. At Van Den Heuvel Law Office, our experienced family law attorneys understand the nuances of both processes and can evaluate your specific circumstances to recommend a path forward. Contact us today to discuss your options and protect your interests during this challenging time.