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Grounds for Annulment

Serafini, Michalowski, Derkacz & Associates

The grounds for annulment in Michigan are as follows:

1.) Prior spouse of a party: a marriage is void if it is performed while one of the parties is currently married to someone else.
2.) Relationships of consanguinity and affinity: marriages between parties related within certain degrees of consanguinity or affinity are prohibited (i.e. mother and son, brother and sister, etc.)
3.) Lack of consent: marriage is a civil contract between and man and a woman only. Like any contract, consent to the contract is essential.
4.) Nonage: A person must be at least 18 years old to be legally capable of entering into a marriage. A 16-year-old can be married with the written consent of his/her parents.
5.) Mental Incompetence: a marriage is void, if a party was not capable of contracting at the time of the solemnization.
6.) Fraud and Duress: a party must consent freely. If the party was threatened, or forced to enter into a marriage, the marriage is void.
7.) Sterility or Impotency: a marriage in which one of the parties has a physical incapacity to have children is valid until the wronged party seeks a judicial decree to annul it (not to exceed two years from the date of the marriage).
8.) Other grounds in which the court deems just.

If you are considering an annulment, contact the family law attorneys at Serafini, Michalowski, Derkacz & Associates, to discuss whether or not you should seek an annulment or divorce.

Related Posts: Post-Divorce Checklist, Does Moving Out of the Marital Home Mean You Are Abandoning the Home?, You’ve decided to file for divorce – now what?, Annulment versus Divorce

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