If you have a religious objection to divorce, or regret ever being married in the first place, you may wonder if an annulment may give you a way out of a marriage you no longer want to be in. You need to know the difference between annulment vs divorce, so you can tell whether this alternative route to dissolving a marriage is right for you.
What is an Annulment?
An annulment is a legal action that determines that a marriage must be undone for legal reasons, because something about how the marriage was formed was illegal, improper, or unfair. In an annulment action, the judge determines that the marriage was void from the start, or at the point it is challenged, as opposed to a divorce, which brings an end to a valid marriage. This may seem like a minor difference, but it can affect certain aspects of your case.
It should be noted that a legal annulment and a religious annulment are not the same thing. If your religion requires an annulment, you will need to follow that religion's procedures, regardless of whether you got an annulment or divorce from the courts.
Who Can Get an Annulment?
While anyone who is married can get a divorce, annulment is only available if you meet certain criteria. To get a divorce, one party simply needs to demonstrate that there has been a breakdown in the marriage to the extent the objects of matrimony no longer exist. In low-conflict cases, this is often proven with a single question during a short hearing. Proving the legal basis for an annulment is much harder. There is a presumption (legal assumption) that any marriage is legal. To get an annulment you must show your marriage was either void or voidable.
Void Marriages
A marriage is void if it is necessarily illegal under Michigan law due to:
- Consanguinity: that the spouses were too closely related by blood to be married
- Affinity: that the spouses were too closely related by marriage
- Bigamy: where one spouse was already legally married at the time of the marriage
- Incapacity: that one spouse was not legally competent to enter into the marriage agreement (most often due to health reasons)
A void marriage can be challenged at any time.
Voidable Marriages
Marriages can also be voidable. If neither spouse objects to the marriage it is allowed to legally continue, but if one spouse does ask for the marriage to be set aside it can. A marriage is voidable in cases involving:
- Minority: where one or both spouses was too young to be married
- Fraud: where one spouse misled the other about an essential aspect of the marriage
- Duress: where one spouse is pressured into the marriage and could not have reasonably declined
If a couple continues to live together long after the voidable nature of their marriage is discovered, it can prevent an annulment from being entered.
Is an Annulment Faster Than a Divorce in Michigan?
The Michigan law allowing marriages to be annulled says that the petition follows the same procedure as for a divorce. However, there is no 60-day waiting period for the entry of an annulment. In theory, if the parties were in agreement that the marriage should be annulled, it could be faster than a divorce.
Practically speaking, however, it will likely be slower. Because the Court must make a specific finding about the reason for an annulment, you may need to present proof of questionable issues such as fraud, duress, or incapacity, even if you agree on issues like custody and property division. Getting in front of the court to present that proof could take longer than an uncontested divorce.
Custody and Child Support in All Family Law Cases
The Child Custody Act applies to all family law cases involving children, directing the procedure for things like child custody, parenting time, and child support. It does not matter if you are filing for annulment vs divorce, the child-related parts of your case will be handled the same way.
Can You Get Spousal Support in an Annulment Case?
The Michigan law allowing for spousal support states that it can be entered as part of a “judgment of divorce or separate maintenance” but is silent about annulment. In addition, because most annulments are entered soon after the marriage (when the legal issue is discovered), the equitable reasons for alimony will be weaker. While spouses can anticipate child support orders if there are children in common, spousal support is hardly ever granted.
Property Issues in Annulment vs Divorce
The biggest difference in annulment vs divorce from a practical perspective comes in the way property is divided. In a divorce, the Court is responsible for fairly and equitably dividing all the assets that came to either party during or as a result of the marriage. This means that each spouse has an equitable claim in the income, assets, and property of the other, as long as they were obtained during the marriage.
Michigan law allows the judge in an annulment action to do the same, or to restore either party's real property and personal property, based on what is “just and reasonable.” However, in most annulments, the Court will essentially try to untie the knot, giving each party the property they came into the marriage with. The only question will be property that the couple accumulated together before the marriage was voided. The entry of an annulment will also terminate a spouse's interest in Social Security and disability benefits they receive because of the other spouse.
Get Help Obtaining an Annulment from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We know the differences between annulment vs divorce and can help you decide whether to get an annulment in Michigan. Call us at 248-651-4114 or contact us here to speak to an attorney.
