| Q. |
How is an annulment different than a divorce or separate maintenance? |
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| A. | In
order for the Court to order a divorce or separate maintenance, the
Judge needs to decide that there was a valid marriage that has "broken
down" and that there is no reasonable possibility that it can be saved.
In an annulment case, one of the parties is asking to Court to decide
that there NEVER was a legal marriage in the first place. |
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| Q. |
How long do I have to be married in order for the Judge to decide that it is a legal marriage? |
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| A. |
The length of time that the people are married has nothing to do
with whether it is a legal marriage or one that can be "annulled." |
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| Q. |
If the length of time doesn't matter, what are some of the reasons that a marriage might not be "legal?" |
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| A. |
There are some laws preventing certain people
from getting married. For example, certain relatives cannot marry in
Michigan. A person who already has a husband or wife cannot legally
marry. There are also some laws that allow people to marry only if his
or her legal guardian gives consent. These include adults who have been
declared "legally incompetent" by the Probate Court. If one of these
people does get married, the marriage is absolutely void. |
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| Q. |
Exactly, which relatives are prevented from marrying? |
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| A. |
A man cannot marry his mother, grandmother, daughter, granddaughter,
stepmother, grandfather's wife, son's wife, grandson's wife, wife's
mother, wife's grandmother, wife's granddaughter, his sister, brother's
daughter, sister's daughter, father's sister, mother's sister or a
first cousin.
A woman cannot marry her father, grandfather, son, grandson,
stepfather, grandmother's husband, daughter's husband, granddaughter's
husband, husband's father, husband's grandfather, husband's son,
brother, brother's son, sister's son, father's brother, mother's
brother, or a first cousin. |
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| Q. |
Doesn't the law also say that you cannot get married without your parent's consent unless you are an adult? |
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| A. |
Yes. Michigan law provides that no one under
16 years old can get married even with the consent of a parent or legal
guardian. (In some cases, traditionally if the girl was pregnant, a
Probate Judge could give consent if one of the parties was under 16
years old; however, this is rarely done.) Before a marriage license can
be issued to any person who is between 16 years old and 18 years old,
the person must have a notarized statement of at least one parent
giving consent to the marriage. |
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| Q. |
What are some other reasons that a marriage might not be "legal"? |
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| A. |
A marriage is not legal if one of the parties only agreed because
they were forced or deliberately fooled into agreeing to the marriage. |
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| Q. |
Does that mean I can get an annulment if he promised to stop
drinking if I married him or said he would buy me an engagement ring
after we were married and didn't or . .? |
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| A. |
No. What the law mean by "fraud" is that person was mislead about
the fact that they were agreeing to marriage some fact is hidden from
the person that is important to having a marriage. For example, a woman
is told that it is a "play practice" and then finds that it was a real
wedding. The other kind of situation is where, knowing that the other
man expects to have children of the marriage, doesn't tell him that her
tubes have been tied. |
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| Q. |
When can the Court annul a marriage? |
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| A. |
If the marriage is not valid because the person was already married
or a relative or "legally incompetent", the Court will declare that
marriage absolutely void.
If one or both parties say that the marriage was not valid because
they were under age or didn't have parental consent, the marriage can
be annulled unless the couple continued to live together as husband and
wife after they turned 18 years old.
If one party wants a marriage annulled because of force or fraud, it
can be unless the parties lived together voluntarily as husband and
wife after the fraud was discovered. |
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| Q. |
What if the marriage is annulled and there are children? Are they illegitimate? |
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| A. |
No. The law specifically provides that children born during a
marriage that is annulled continue to be treated under the law as
legitimate children of the parties. The Court can issue orders for
custody, support and parenting time in a Judgment of Annulment the same
as in a Judgment of Divorce or Separate Maintenance. |
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| Q. |
Is it easier to get an annulment than a divorce? |
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| A. |
No. The legal procedures and paperwork are about the same and,
unlike "no fault" divorce, proving that one of the situations above is
true and that there has not been any consent by living together
afterward can sometimes be difficult |