There are people with a lot of different questions about getting a divorce in Michigan. We, 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, let us answer some of the commonly asked questions about the relationship between annulment and divorce.
Is It Easier To Get An Annulment Or A Divorce?
Getting an annulment or a divorce is both hard. It is neither easier to get one over the other. However, based on our experience we have seen that it is easier to get a divorce rather than an annulment.
Why is this the case?
The state of Michigan is very strict when it comes to getting an annulment. The process of getting an annulment requires all of the steps of getting a divorce plus proving the ground for annulment that you are trying to claim.
This means that if you get an annulment in Michigan you have to go through the whole process of litigation, submitting evidence, and proving that you and your spouse’s marriage are void from the beginning. This is a big process and a big task to undertake.
Here at Haque Legal, we have handled cases from divorce, annulment, and separate maintenance. We have seen the grounds for annulment work and couples separate. Whatever ground you choose for the annulment or divorce, we are with you every step of the way.
What if I do not want an annulment?
To be completely honest with our clients we say that if you do not want an annulment we can always fight back. There are different ways that we can fight an annulment by disproving any of the grounds.
In our experience, we have used the following grounds to disprove the annulment:
Lack of Evidence
When the other party is unable to submit evidence to prove any of the grounds that he claimed in an annulment proceeding then we often have the charge throughout the case for annulment.
Continued cohabitation of the spouses or of the person requesting the annulment even after learning that the ground from annulment exists could prove that he has already accepted the ground for annulment. Continued cohabitation as a ground to disprove annulment will only apply to those grounds that do not affect the consent or the mental ability to give consent of the contracting spouse.
Continued cohabitation of the spouses is one of the reasons for disproving a ground for annulment that affects the relationship of the parties and not the giving of consent.
Prior knowledge of the spouse filing for annulment or the existence of the annulment is grounds to dispute the effect of the ground for annulment on the marriage. In certain circumstances, if the other party was aware of the inability of the other party to consummate the marriage or of his intention to not consummate the marriage it can be used as a ground to disprove the annulment.
What happens after I disprove the ground for annulment?
The effect of disproving an annulment only is limited to its legality. This means whether or not you have been properly and legally married in the State. If you do this to prove the ground for annulment and the judge works in your favor it will not affect the fact that you and your spouse are separating.
In some cases that we have handled some clients expect that once they have disproved the existence of the ground for annulment their spouse can continue living with them or can continue their relationship. Unfortunately, this will only apply if you are trying to ensure the legality of your marriage by making sure that all of the grounds for annulment do not exist and there is no breakdown of the marriage as of yet.
What if the annulment is granted on the ground of age or lack of consent and we remarry?
No law is stopping you from marrying your ex-spouse that you annulled in Michigan. As long as all of the proper elements and requirements for getting married are complied with by the spouses there should be no problem as to them getting remarried. This is if they reconciled after the grant of annulment.
What if I decide to just get a divorce in the middle of the proceedings instead of an annulment?
If you decide to get a divorce in the middle of the proceedings for an annulment you have to go through the whole process again. As we have repeated in previous articles about the three kinds of separation in Michigan, you need to know that you cannot a hillbilly convert 1 process to the other just because you change your mind.
Let Haque Legal Help You With Your Annulment or Divorce
Now that you know some facts about dealing with 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.