When to seek an annulment rather than a divorce

When to seek an annulment rather than a divorce

Marriage is something that no one should jump into without some serious thought. There are Michigan residents, though, who have entered into marital relationships that they should not have for various reasons. In some cases, divorce may not be what is needed. Instead, filing for an annulment may better suit their situations. However, when is filing for an annulment appropriate?

Under Michigan laws, certain marriage types are prohibited. If such marriages are entered into, they may be declared legally invalid if annulment requests receive approval. To achieve approval, one of the following grounds must exist in one’s case:

  • Fraud
  • Forced to marry
  • Insanity
  • Underage
  • Non-consummation
  • Bigamy
  • Marriage between close relatives
  • Undisclosed sexually transmitted diseases

Those who believe that they qualify for an annulment have to file within a certain time frame. They also typically have to show that they were not voluntarily or freely cohabiting the same residence with their spouse. Legal counsel will have the ability to review the finer details of one’s case in order to determine if pursuing an annulment is an option.

An annulment makes it so the marriage never existed under the law. It does not allow either party to seek spousal support, and instead of dividing marital property, the goal is to restore each party to his or her premarital financial state. The pros and cons of both divorce and annulment need to be weighed before deciding which would better suit one’s needs. A Michigan divorce law attorney can help with this and then provide further assistance in seeking to have one’s marriage officially dissolved or voided.

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