Michigan Annulment and Prohibited Marriage Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Annulment is the legal process of declaring a marriage invalid, which is different than a divorce, while each state has laws prohibiting certain types of marriage. Grounds for annulment in Michigan include being underage, legally insane, physically incapable of consummating the marriage, and marriage by force or fraud.

Same-Sex Marriage in Michigan

Michigan annulment and prohibited marriage laws banned same-sex marriage, although same-sex unions performed during the brief time it was legal in Michigan were recognized by the federal government. In 2015, however, the U.S. Supreme Court issued a decision on the landmark case Obergefell v. Hodges, finding that denial of marriage to same-sex couples and failure to acknowledge the marriages of same-sex couples from other states constituted a violation of the Fourteenth Amendment's Equal Protection guarantees. Since that time same-sex marriage has been available in Michigan and all other states.

The following chart highlights Michigan's annulment and prohibited marriage laws. See Marriage Law Overview to learn more.

Code Sections 552.34, et seq.; 551.1 et seq.; 552.29-.30
Grounds for Annulment Underage; insanity; idiocy; physical incapacity to consummate; force or fraud
Time Limits for Obtaining Annulment Underage: Unless they freely cohabit upon reaching majority; Incapacity: 2 years from marriage; Lunatic: Unless upon restoration of reason, they freely cohabit; Force or fraud: Unless there is voluntary cohabitation prior to commencement of suit
Legitimacy of Children Issue of marriage void for nonage or bigamy or insanity are legitimate.
Prohibited Marriages Bigamous; those with syphilis or gonorrhea (felony); marriage between ancestors or descendants, brother and sister (blood or affinity), aunt and nephew, uncle and niece, first cousins

Note: State laws are constantly changing -- contact a Michigan family law attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Michigan Annulment and Prohibited Marriage Laws: Related Resources

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Divorces are tough and a lawyer can seek the best outcome
  • A lawyer can help protect your children's interests
  • Divorce lawyers can secure alimony, visitation rights, and property division

Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.

 

If you need an attorney, find one right now.

Helpful Links

Popular Directory Searches