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Should you get an annulment or a divorce?

On Behalf of | Feb 5, 2019 | Family Law

If you want to end your marriage, you have two main options in Michigan. You can get a divorce or an annulment. However, you need to be aware that an annulment is not an option for everyone. In fact, it is very limited. According to VeryWell Mind, the court issues an annulment in only rare circumstances. Typically, that would be if the marriage was illegal in some way.

As you know, a divorce is readily available. You just have to go through the court system and follow the proper procedure to end your marriage through divorce. The same is not true of an annulment. You do have to go to court, but the court can tell you that you cannot have one. If the court denies your annulment, you can get a divorce instead.

An annulment voids the marriage. It erases it as if it never happened. The court takes this seriously. It will only grant them in extreme cases when it violated some law. For example, if you were underage or unable to consent to the marriage, then you might qualify for an annulment. Another example is if your spouse was already married when you got married. Situations where the marriage contract is not legally enforceable will usually qualify for an annulment.

In all other cases, you need to get a divorce. This also legally ends the marriage. So, you may not have a choice to get an annulment and have to get a divorce. This information is for education. It is not legal advice.