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 continue to answer some of the commonly asked questions about the relationship between annulment and divorce.
If we get an annulment what would be the division of our assets and debts?
After finding out about the legality of your marriage in case you get an annulment, the next question that you would have would be how your assets and your debts will be divided.
Since an annulment will go through the litigation process it is incumbent upon the judge to also decide and award the property settlement in the annulment. Keep in mind that the most important aspect of getting your annulment is to get the declaration that your marriage did not exist in the first place or that it is void from the beginning.
The judge will then have to decide about the division of your properties as well as the debts that you incurred while you have been living together.
Is there alimony in an annulment?
There is no alimony entitlement in the case of an annulment. The parties to an annulment are not entitled to any kind of spousal support. This is very different since they may have been entitled to spousal support in a divorce.
Alimony is only awarded to an individual who has been married validly to another person. It is meant to provide financial support to the spouse who is not able to support himself or herself after the divorce. It is required that alimony is paid at the time of the divorce to make sure that the ex-spouse will get support. Unfortunately, there is no alimony in an annulment since it is considered as if the spouses did not get married in the first place.
Is there no way that I can get alimony?
In the strictest sense of the word, you are not entitled to alimony payments coming from your spouse. Keep in mind that the law considers as if you and your expose are not legally married and therefore you are not entitled to any of the assets that he owns. However, the judge may rule that you can get payments in the form of post-separation support.
What will happen to my children? Are they considered illegitimate now?
No, children that are born out of a marriage that is later on annulled are not considered illegitimate. Children born during the marriage are considered as the legal and legitimate children of the parties and are therefore entitled to all of the rights and privileges of legitimate children.
Who determines the parenting time, custody, and child support issues relating to children upon grant of the annulment in Michigan?
Generally, it is the court through the wisdom of the judge who will determine the issues relating to the children upon the grant of the annulment in Michigan.
What happens to children born before marriage?
Children who are born before the marriage will only be considered as the child of their biological parents. Since there is no marriage to speak of in the case of an annulment, the court may rule that the children that the parties had before the marriage do not legally belong to the non-biological parent.
This is a tricky situation and may still be up for question in court. If you are concerned about this specific aspect of your children’s lives, you should keep in mind that you can always ask your lawyer about how you can deal with this. You do not have to deal with this alone.
What if one spouse was a minor at the time of the marriage?
If the ground for annulment is the fact that one of the spouses was a minor and therefore lacked the right to give consent at the time of the marriage any children born out of that marriage will refer to the parent who is of the right age at the time of the marriage.
For example, two people are ages 17 and 23. When one gets married at the age of 17 to a person who is 23 at the time of marriage, their marriage is void from the beginning. If the marriage would bear children and the spouses eventually get annulled, the law will have the presumption that the children belong to the parent who is 23 at the time of the marriage and not to one who is already 17.
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.