The annulment process in Michigan is interesting. While there are people with a lot of different questions about getting a divorce in Michigan, annulment is also an option. Our Southfield divorce attorneys at Haque Legal have always answered questions per topic and aim to continuously do so when we can.
However, there are some questions, basic as they are, that people commonly ask that we cannot lump into a category. In this article, let us continue our discussion on some of the common lingering questions that people have about getting divorced in Michigan.
In this part of our article series, we continue our discussion about your other options other than getting a divorce.
In this part of our article series, let us continue to discuss the concept of an annulment in Michigan and we are sure that there are a lot of other questions that you may have about it.
What are the grounds for annulment?
Other than incapacity due to age and those who are prohibitively related, there are also other grounds for annulment.
If you are already married to someone else when you got married it is considered that your second marriage is void from the beginning. It is also considered a crime. The crime of Bigamy is the crime of formally entering one marriage while the other one is still not yet dissolved.
The requirement of obtaining a marriage license is making sure that the previous marriage has already been dissolved. Venom to someone who was married to someone you have at the time of your wedding, you are both liable for bigamy.
Knowledge is important in the crime of bigamy. As long as both parties know of the existence of the previous marriage. Both of the parties can get convicted in a court of law.
Incapacity Due To A Mental Condition
Consent is one of the most important elements of getting married. A person who is unable to give his consent to getting married is not allowed to enter into the union.
According to the law, a mental condition here should affect the capacity of one person to enter into a contract properly. You may be able to see some people who have had enough because the mental condition at the time of contracting the marriage is not able to give consent.
As in all of the other kinds or grounds for an annulment, the incapacity due to a mental condition must be related and exist at the time of the marriage. The mental condition does not need to be permanent and it does not need to still be existing at the time of the annulment. The controlling factor here is that the mental condition must be existing at the time of the marriage.
In some of the annulment cases that we have handled physical incapacity is probably the worst kind of annulment ground there is. For couples who are trying to make a baby, there is already science that can help them deal with that. Unfortunately, physical incapacity is often the reason for the breakup of some couples because one of them cannot accept the inability of the other to have children.
In some cases, we have handled a side of the person who cannot bear children and we have seen the effect of this ground for annulment on the mental health of the client. As much as it breaks a lot of hearts, however, physical incapacity is a real ground for the annulment of the marriage.
The great thing is that physical incapacity need not be used as a ground always especially if the marriage has been existing for more than 2 years. The two-year period from the time of the marriage is the controlling factor in determining whether the physical incapacity can be used as a ground for annulment or not.
Consent Obtained Under Duress
As we have discussed in the previous grounds, consent is one of the most important aspects of getting married. In some instances, the consent of the parties may be freely given while in other instances one of the parties may have only been forced to marry the other.
When consent is obtained under the rest such that one person has been forced to enter into the marriage may be annulled in Michigan. Consent obtained under duress can be in the form of threats to the other person’s life or those he loves.
Consent Obtained By Fraud
Fraud is another common favorite ground for annulment that we have handled in the past. There is fraud in the following cases:
- When one of the parties with the knowledge that she cannot bear children failed to disclose such back to the other person;
- When one of the parties conceal the criminal record of a crime of moral turpitude;
- When one of the parties entered into the marriage to only commit immigration fraud;
- When one of the parties failed to disclose personal circumstances that affect the conformation of the marriage; and
- When one of the parties did not know that they were getting married at the end of the marriage
Consent obtained through fraud as a ground for annulment is one of the most complicated grounds for annulment in Michigan.
Let Haque Legal Help You With Your Annulment or Divorce
Now that you know some facts about dealing with Southfield divorce or annulment, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your divorce proceedings as well as your annulment proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.