Annulment is a strict process.
Here at Haque Legal, we have always answered questions per topic and aim to continuously do so when we can.
However, there are some questions, basic as they are, that people commonly ask that we cannot lump into a category. In this article, let us continue our discussion on some of the common lingering questions that people have about getting divorced in Michigan.
In this part of our article series, we continue our discussion about your other options other than getting a divorce.
In this part of our article series, let us discuss the concept of an annulment in Michigan and we are sure that there are a lot of other questions that you may have about it. Let us answer some of these questions here.
What is an Annulment?
If you have heard of the concept before, the concept of an annulment is the process of removing your marriage with your ex-spouse. It is the process that considers your marriage as if it was not real and as if it did not exist in the first place.
There are very few marriages that are considered to be entitled to an annulment. Not every single marriage can be annulled because the requirements for an annulment are very specific.
What does getting an annulment mean?
Getting an annulment means that the court recognizes the fact that the marriage did not exist in the first place for the spouses should not have been married in the first place. In some jurisdictions, this is called a marriage that is void from the beginning. This is the primary reason why the annulment makes it as if the spouses were not married in the first place.
What are the grounds for annulment?
There are different grounds for annulment that may cause the annulment of the marriage and for it to be considered as void from the beginning. Let us look at them one by one.
Incapacity due to age
When one of the spouses contracts the marriage under the age of 16 when one of the spouses contracted the marriage at the age of 18 without the permission of any parent or any guardian the marriage is considered void from the beginning. Let us break this down.
Incapacity is related to the fact that there is a want of understanding or want of consent. What does this mean? In the State of Michigan, the age of consent is important. This means that you will only be able to give your consent when you are already considered an adult. Individuals who are below the age of 16 and who are 18 but without a parent’s consent or guardian’s consent are not
Another important aspect of this ground for annulment is the fact that it should be your age at the time of contracting the marriage and not your age at the time of getting an annulment.
Keep in mind that the grounds for annulment must exist or not exist at the time of contracting the marriage because it affects your ability to give consent or to understand the legal process that you are going to undertake.
When the parties are prohibitively related
When the parties are prohibited related such that they are too closely related to each other it is considered as another ground for annulment. In the state of Michigan, unlike other states that allow marriage between close relatives, close relatives are not allowed to be weary of each other. This fact would probably be present at the time of the contracting of marriage.
Is the close relationship that of blood or legal relationship?
The close relationship that is a ground for annulment of marriage is a blood relationship. Keep in mind that the blood relationship must be existing at the time of contracting the marriage and knowledge of it would also give ground for a violation of the laws of Michigan.
What happens if the parties just found out that they are blood-related after the marriage?
If you have already gotten married and then, later on, found out that you are closely related to your spouse, the court would still consider the ground as a ground for annulment of the marriage.
In this part, you have to keep in mind that it is the existence of the blood relationship or the close relationship that is controlling and not the knowledge of it. Even if you discovered your blood relationship ten years down the line and you have been together for a while it is still grounds for annulment of the marriage because it is as if you were not married in the first place.
There are other grounds for annulment that we will also discuss in the next part of this article series.
Let Haque Legal Help You With Your Annulment or Divorce
Now that you know some facts about dealing with divorce or annulment, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our dedicated team of Southfield family law attorneys is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your divorce proceedings as well as your annulment proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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