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Annulment of Marriage in Michigan

Annulment of Marriage in Michigan


Quick Guide to Annulments in Michigan 


Annulments of Marriage in Michigan


Most laws concerning an annulment of marriage in Michigan are listed under Section 552 of the Michigan Revised Statutes.  Section 552.1 describes the general grounds for annulments of marriages in Michigan: 


“…a marriage that is prohibited by law because of consanguinity or affinity between the parties, because either party had a wife or husband living at the time of the solemnization, or because either party was not capable in law of contracting at the time of solemnization is absolutely void.”


These grounds for an annulment of marriage in Michigan are extended below: 


1. Consanguinity between the spouses is described under 551.3-4 of the MI revised statutes.  A person cannot marry their parent, sibling, grandparent, child, grandchild, stepparent, spouse of grandparent, spouse of child, spouse of grandchild, a cousin, a person of the same sex, or any of the other spouse’s  relatives listed above.  

2. Bigamy is defined under 551.5 of the revised statutes and states that an annulment is required if either spouse was married to another person during the time of the second marriage.  

3. Section 552.39 of the MI revised statutes states that an annulment of marriage in Michigan is required if either party was physically incapable or marrying.  However, this action can only be brought forth for two years following the ceremony.  


Annulments of marriages in Michigan may occur for many more reasons, and any of the following sections of MI revised statutes will help determine these factors: 


• 552.34 marriage of minor

• 552.37 marriage was forced

• 552.38 marriage was fraudulent 


Steps for Annulments of Marriages in Michigan


In order to legally undergo an annulment of marriage in Michigan, the party seeking the annulment must first qualify in one of the factors listed above.  If you have children and property that needs divided, it’s always a good idea to hire an attorney when seeking an annulment of marriage in Michigan.  Follow these steps closely:  


1. Fill out court forms and : you’ll have to fill out several different forms depending on the grounds of your annulment of marriage in Michigan, and you’ll have to file a petition with the probate court as well.  All of the forms you’ll need for annulments of marriages in Michigan can be located at your local probate court, and you can find links to your local court at the following website:  https://courts.michigan.gov/scao/services/dirs/trialdir.htm 


2. File the forms with the clerk : you will have to pay filing fees for every form you submit, and you will have to fill out even more forms if you want to establish temporary forms for child support, spousal support, or other issues within annulments of marriages in Michigan.   


3. Serve the forms to the other party : you can have the court send the documents to the second party, you can mail the forms yourself, or you can have an outside party hand over the forms.   


4. Set up a court hearing : an annulment of marriage in Michigan must have supporting factors hold up in court, and you should hire a lawyer to help you prepare for the trial.