Divorce vs. Annulment in Michigan

Divorce is the legal proceeding used to end a marriage where the husband and wife obtained a marriage license and solemnized their union. It does not matter if the marriage lasts one day or fifty (50) years. If a marriage is properly entered into then a divorce action needs to be filed in order to dissolve the union.

Michigan is a no-fault state for divorce. In a no-fault divorce state either the husband or wife may file for divorce with or without indicating marital fault. In the divorce proceeding, the Judge will determine each party’s property rights. If there are children, the Judge will determine each parent’s custodial and visitation rights if the parties cannot agree.

Annulment is the legal procedure used to end a marriage when there was a flaw in the marital proceeding. In the case of annulment, the Judge will make a determination that a legal marriage never occurred. As a result, if either party remarries it is considered to be a first marriage as the annulled marriage is deemed to have never taken place. However, an annulment can only be granted in limited circumstances. Often, annulments are awarded when: one person is already married, the parties are too closely related to be married, one person is underage or not mentally competent to be married, or where there is fraud or duress.

When an annulment is granted, each party is awarded what they brought into the marriage or what they earned through their labor during the marriage.  For a free initial consultation, contact the Law Office of Van Tubergen, Treutler & Hayes, PLLC.  616-844-3000

Common Law Marriage

Prior to 1957, Common Law marriage was recognized in Michigan. A Common Law marriage occurred when a male and female entered an agreement to be husband and wife and then began live together thereafter. However, on January 1, 1957 Common-Law marriage was outlawed in Michigan. As a result, Michigan no longer recognizes a Common-Law marriage that began after January 1, 1957.

The Divorce Process in Michigan

Marital Fault

In the early 1970s Michigan became a no-fault state for divorce. In a no-fault state, either party may file for divorce and be awarded divorce with or without a finding of fault so long as it is established that there has been a breakdown in the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that marriage can be preserved.

However, the issue of fault still remains a critical factor in the dissolution of a marriage in three main areas: property division, spousal support (a.k.a. alimony) and custody. Fault generally arises in cases of infidelity, physical abuse or addiction. If fault is established, the court may award the party at fault less than 50% of the marital estate. The court may also raise the amount spousal support and extend its duration depending on the significance of the fault.

Marital fault may also affect custody of the parties’ minor children. When the court makes a determination as to custody it looks at twelve factors. These factors encompass the Best Interest of the Child Standard. One of the factors is the moral fitness of the parties. This factor could potentially have a very serious impact on the outcome of the custody determination.

While Michigan remains a no fault state for divorce it is important to know and understand how a finding of marital fault can still impact the outcome of the case.