Annulment vs Divorce in Michigan: What’s the Difference?

If you’re exploring ways to legally end your marriage in Michigan, you’ve probably come across the terms annulment and divorce. While both processes result in the end of a marriage, they are very different from a legal standpoint—and it’s important to understand which one applies to your situation.

In this blog, we’ll break down the differences between annulment vs divorce in Michigan, when each is appropriate, and what you need to know before moving forward.

What Is a Divorce in Michigan?

A divorce is the legal process that ends a valid marriage. Michigan is a no-fault divorce state, meaning that neither spouse needs to prove wrongdoing (such as adultery or abuse) to file. Instead, one spouse simply needs to state that there has been a breakdown in the marriage and there’s no reasonable likelihood of reconciliation.

Key Facts About Divorce in Michigan:

• Either spouse can file, regardless of who’s at fault.
• Michigan doesn’t require legal separation before filing.
• Division of property, child custody, parenting time, and spousal support may all be addressed during the divorce.
• You must meet the residency requirement: at least one spouse must have lived in Michigan for at least 180 days and in the filing county for at least 10 days.

What Is an Annulment in Michigan?

An annulment is a legal ruling that a marriage was never valid to begin with. Unlike divorce, which ends a legal marriage, an annulment states that the marriage should never have been legally recognized.

Grounds for Annulment in Michigan:

Not everyone qualifies for an annulment. Michigan courts will only grant one under specific legal grounds, including:

• Bigamy – One spouse was already legally married to someone else.
• Underage Marriage – One or both spouses were under 18 and did not have proper consent.
• Incapacity – A spouse was mentally incompetent or under the influence at the time of the marriage.
• Fraud or Misrepresentation – One spouse lied about something essential (e.g., inability to have children).
• Force or Duress – One spouse was coerced into the marriage.
• Prohibited Relationship – The spouses are close blood relatives (e.g., siblings or first cousins).

If none of these apply, annulment is likely not an option, and divorce would be the appropriate path.

Which One Should You Pursue?

If your marriage was legally valid but has broken down, divorce is your best option in Michigan. If your marriage fits one of the specific legal grounds listed above—like fraud, force, or bigamy—then annulment may be possible.

It’s worth noting that annulments can be harder to obtain because you must provide proof of the legal grounds, and the burden of proof is on you. A Michigan family law attorney can help evaluate your situation and recommend the best course of action.

Common Questions About Annulment vs Divorce in Michigan

1. Can I get an annulment instead of a divorce to avoid property division?

Not necessarily. Courts will still try to ensure a fair outcome, especially if the couple lived together or shared assets. In many annulment cases, Michigan courts may still divide property equitably if fairness requires it.

2. Do I need a lawyer for an annulment or divorce?

While not required, having an attorney is highly recommended—especially for annulments, which involve proving specific legal grounds. A lawyer can also help protect your rights during child custody, spousal support, and property division proceedings.

3. How long does an annulment take in Michigan?

It depends on the complexity of your case and whether your spouse contests the annulment. However, if uncontested and supported by clear evidence, annulments can move faster than divorces in some cases.

Divorce vs. Annulment in Michigan

Understanding the difference between annulment vs divorce in Michigan is essential when deciding how to end a marriage. An annulment erases the marriage as if it never happened—but only if specific legal grounds exist. A divorce, on the other hand, is the more common and accessible route for ending a valid marriage. If you’re unsure which path to take, speak with a Michigan-based family law attorney who can review your circumstances and help you protect your rights.

Need help deciding between annulment vs divorce in Michigan?

Contact an experienced Michigan divorce attorney today to get clear, honest guidance.