- Marriage procured through fraud or duress – According to MCL 552.2, if a marriage was procured through fraud or duress, it is voidable. However, if both parties continue to voluntarily live together as husband and wife after the fraud or duress is discovered, the marriage will not be annulled. Examples include a woman fraudulently telling a man he is the father of her child to get him to marry her, or one party subjecting the other to the undue influence of drugs or alcohol to get them to marry.
- Impotence/Sterility – If a party to a marriage has a physical inability to conceive children, knows of this fact at the time of the marriage, and fails to disclose it to the other, the marriage is voidable. An action for annulment under this ground, however, must be brought within two years from the date of the marriage. Additionally, the inability to conceive must have been present at the time of the marriage, and must be incurable.
Once a complaint for annulment is filed, the case proceeds in a similar fashion to a divorce action under MCL 552.3. Property distribution in an annulment follows the same general principle as in divorce cases. In other words, the court must make an equitable distribution of all of the property based upon the circumstances.
The primary difference between annulments and divorces with respect to property distribution is in the area of spousal support. Permanent spousal support is generally not awarded in annulments, because MCL 552.23 allows for spousal support awards upon the entry of a judgment of divorce or separate maintenance only.
Having the right attorney on your side can relieve your stress during this difficult situation. With over 25 years of divorce experience. We have extensive divorce trial experience. Divorce is a life changing event, it is extremely important to retain the services of an experienced divorce attorney.
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