By: Carole L. Chiamp
There are differences between having a marriage annulled or receiving a divorce. An annulment can only be given for very specific reasons. A divorce is granted for a breakdown in the marriage.
The grounds for annulment in Michigan are as follows:
1. Prior spouse of a party: a marriage is void if it is performed while one of the parties is currently married to someone else. (Bigamy)
2. Relationships of consanguinity and affinity: marriages between parties related within certain degrees of consanguinity or affinity are prohibited (i.e. mother and son, brother and sister, etc.)
3. Lack of consent: marriage is a civil contract between a man and a woman only. Like any contract, consent to the contract is essential.
4. Nonage: A person must be at least 18 years old to be legally capable of entering into a marriage. A 16-year-old can be married with the written consent of his/her parents.
5. Mental incompetence: a marriage is void if a party was not capable of contracting at the time of the solemnization.
6. Fraud and duress: a party must consent freely. If the party was threatened or forced to enter into a marriage, the marriage is void.
7. Sterility or impotency: a marriage in which one of the parties has a physical incapacity to have children is valid until the other party seeks a judicial decree to annul it (not to exceed two years from the date of the marriage).
8. Other grounds in which the court deems it just to award an annulment.
A person should carefully review whether an annulment is in their best interest.
The following are the pros of an annulment proceeding:
● Starting a new marriage as if it were a first marriage may have a positive psychological impact.
● Any signs of being divorced is avoided.
● Spousal support payments from a prior marriage that were terminated on remarriage may be reinstated if the second marriage is annulled.
● Pension, social security or insurance benefits due from a prior marriage but discontinued at the time of this marriage may be reinstated.
● An annulment nullifies all interfamily ties as though they never existed.
● There are no lengthy residency requirements.
● There is no 60-day mandatory waiting period before a hearing.
The following are the cons of an annulment:
● Spousal support is hardly ever granted.
● The woman has no dower rights in her husband’s property.
● Annulment can be barred by estoppel, prior knowledge, condonation, or in pari delicto which are all defenses which may be raised.
● The proof required for annulment might be more difficult to obtain than proof required in a no-fault divorce action.
● A spouse’s right to social security retirement and disability benefits is extinguished.
Sometimes an annulment is filed along with a divorce action so that, should the court find that an annulment is not warranted, a divorce is granted instead.
Generally an annulment will cost no more than a divorce as it is filed with the court in the same document with the request for divorce.
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