Legal Question in Family Law in Michigan

Anulment

At what point in a marriage could that marriage be annuled? What are the terms of an annulment?


Asked on 12/07/02, 4:00 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: Anulment

It can be annuled at any point. The marriage has to be procured by fraud or not consumated (no sex). It is the same amount of work and the procedure essentially the same whether you get an annulment or divorce. Bill Stern 248-353-9400

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Answered on 12/08/02, 11:33 am
Thomas Weiss McClintic & Weiss, P.C.

Re: Anulment

Thank you for your question. The statutory law of Michigan applies to annulments. Here is what the law says:

A party to a marriage who, at the time of the marriage, was not capable in law of contracting and who later becomes capable in law of contracting may bring an action to annul the marriage. The court shall not, however, annul the marriage if the court finds that the parties cohabited as husband and wife after the party became capable in law of contracting.

Michigan Compiled Laws Section 552.36

There are other provisions available as well; for example, if there was a fraud committed by one party upon the other, that may be grounds, BUT if the parties agreed to live together after the fraud became known, then annulment is not available.

The law appears much more restrictive in annulling a marriage than many churches are.

Best of luck,

Tom Weiss

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Answered on 12/07/02, 4:29 pm


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