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Annulments in Michigan
An annulment is not an easier or quicker alternative to a divorce, contrary to what many people think. Courts grant annulments in limited circumstances.
An annulment means that the marriage never existed and that the couple was never married; a divorce means a valid marriage ended by a court order.
Children of an annulled marriage are legitimate. The partners may seek court orders on child custody, visitation and child support. If one spouse was underage or incapable of entering the marriage, the children are the legitimate children of the capable spouse.
The court may distribute real estate, assets and other property acquired during the marriage. Permanent alimony is not available when a marriage is annulled, but a judge may award post-separation support.
Most laws governing annulment of marriage in Michigan are listed under Section 552 of the Michigan Revised Statutes. The general grounds for annulments are:
Annulments of voidable marriages in Michigan may occur for additional reasons. In Michigan, a marriage may be invalid due to:
When a marriage is invalid in one or more ways, a spouse may file papers for an annulment in the circuit court of the county where either spouse lives. Because annulment is a complicated claim to make, the filing spouse should seek legal assistance.
The filing spouse must complete several different forms depending on the grounds and file a petition with the probate court. All of the required papers for annulments of marriages in Michigan can be obtained in the local probate court.
The filing spouse pays fees for every form. Additional forms are required to establish temporary forms for child support, spousal support, or other issues. The filing partner can ask the court to send the documents to the respondent, or mail them, or ask a third party to deliver them.
The court holds a hearing, and the judge decides.
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