Annulment

Plymouth Family Law Attorneys

There are four grounds under which a marriage can be annulled as absolutely void:

• Bigamy – Pursuant to MCL 552.1 and MCL 551.5, a marriage is absolutely void if either of the parties already had a living spouse at the time of the marriage.
• Parties are Related – Pursuant to MCL 552.1, a marriage between two persons who are related within a certain degree of consanguinity (blood relationship) or affinity (relationship between a spouse and a blood relative of the other spouse), are absolutely void if the marriage occurred in the state of Michigan. However, such marriages are not void if the marriage was legal in the state in which it was solemnized, and the couple later moved to Michigan. The forbidden relationships are identified in MCL 551.3 (for men) and MCL 551.4 (for women).
• Incompetence – Pursuant to MCL 552.1, a marriage performed when either of the parties was not legally capable of contracting is absolutely void if solemnized in Michigan. However, if the party at some point later becomes capable in law of contracting, i.e. becomes competent, and the parties continue to cohabitate together as husband and wife, the marriage will not be annulled.
• One of the spouses was under the age of 16 – According to MCL 552.2, a minor under the age of 16 cannot contract to marry, and such a marriage is absolutely void.

If a marriage is absolutely void from the beginning based on one of the above referenced circumstances that existed at the time of the marriage, technically no legal process is required to dissolve the marriage. The mere existence of the requisite circumstance voids the marriage.

The second category of marriages that are dissolved by an annulment are those that are voidable. These marriages are considered to be valid marriages up until the time an annulment is sought.

There are three grounds by statute under which a marriage can be annulled as voidable, and other grounds have been established by the courts pursuant to case law.