When a marriage ends, most people think of divorce. However, annulment is another option that may be available in certain situations. At Richards Family Law, we often help clients understand the distinction between these two legal processes and determine which is appropriate for their circumstances.

What Is an Annulment?

An annulment is a legal declaration that a marriage was never valid from the beginning. Unlike a divorce, which ends a legal marriage, an annulment treats the marriage as though it never happened.

Grounds for Annulment in Michigan

Annulments are not available for all marriages. In Michigan, the court may grant an annulment if specific conditions are met, including:

• Fraud or Misrepresentation: One spouse misrepresented a critical fact, such as hiding an inability to have children or already being married.

• Bigamy: One spouse was already married to someone else.

• Underage Marriage: One or both spouses were under the legal age to marry without proper consent.

• Incapacity: One spouse lacked the mental capacity to consent to the marriage due to intoxication, mental illness, or other factors.

• Consanguinity: The spouses are closely related by blood.

What Is Divorce?

A divorce, on the other hand, dissolves a valid marriage. Michigan is a “no-fault” divorce state, meaning you don’t need to prove wrongdoing by either party. You simply need to state that the marriage has irretrievably broken down.

Key Differences Between Annulment and Divorce

• Legal Outcome: An annulment voids the marriage, as if it never legally existed. A divorce recognizes the marriage but terminates it.

• Eligibility: Annulments are only granted under specific circumstances, while divorce is available to any married couple in Michigan.

• Property and Support: In an annulment, property division and spousal support are less straightforward, as the marriage is considered invalid. Divorce includes provisions for equitable distribution of assets and spousal support.

Which Option Is Right for You?

Choosing between annulment and divorce depends on your unique situation. If your marriage meets the specific conditions for annulment, it may be an option worth considering. However, for most couples, divorce is the more practical and accessible route.

How Richards Family Law Can Help

Navigating the complexities of annulment and divorce requires experienced legal guidance. At Richards Family Law, we help clients:

• Understand their legal options.

• File for annulment or divorce based on their circumstances.

• Protect their rights during property division, custody disputes, and more.

Contact Richards Family Law today to schedule a consultation and learn which path is best for your situation.