“Annulment” is one of those pesky legal terms that is commonly talked about in romantic comedies but is often misunderstood in real life. To help clear up some of this confusion this article briefly discusses some of the key legal ramifications commonly associated with getting a marriage annulled in Michigan. It should be noted that each state has its own annulment laws, and that if you are considering getting your marriage annulled in another state you may be facing a slightly different set of legal consequences, however annulments tend to operate more or less in a similar fashion across different states so even if you don’t live in Michigan your annulment will likely carry consequences similar to those discussed below.
The Main Consequence: You Are Now Legally Single As If The Marriage Never Took Place
When a judge annuls a marriage they are saying that your marriage was void or voidable and that consequently your marriage never legally happened/existed. This usually happens when one spouse is underage, already legally married, mentally incapacitated, or closely related to the other spouse, but regardless of the grounds on which the annulment was granted the main legal consequence of being issued an annulment is that from that point onward you are single in the eyes of the law as if the marriage never took place. This means that you can marry someone else if you like and that you are no longer entitled to receive the benefits of being married (for example, you must file your taxes as a single person, you likely won’t be able obtain health insurance through your ex-spouse’s employer, etc.).
You Will Lose the Succession Rights of a Spouse
When a legally married person dies in Michigan their surviving spouse is legally entitled to a share of the deceased’s estate if the decedent died intestate (i.e. without a will). However, if your ex passes away after your marriage has been annulled then you will not be legally entitled to inherit a share of their estate, no matter how amicable your split was, unless they specifically left assets to you in their will.
The Court May Distribute Some of Your Assets
When a couple obtains an annulment in Michigan the court may still order distribution of assets the couple obtained during the course of their “marriage”. Additionally, the court may decide to order one party to make temporary support payments to the other, however, the courts will not issue a permanent alimony award in connection with an annulment.
Need Legal Advice?
If you are considering ending a marriage in Michigan it is critical that you consult with a local family law attorney about your legal options without delay. Whether you plan on having your marriage annulled or dissolved via divorce proceedings there is a lot at stake and it is important that you take the necessary steps to protect your interests right away. Here at the Law Offices of Michael A. Robbins we handle a wide variety of family law matters, including divorces and annulments, and represent clients throughout Michigan. To find out what our firm can do for you please give our Bloomfield Hills office a call at (248) 646-7980 or fill out our online contact form and we will get back to you presently.