What’s the Difference Between Divorce, Separate Maintenance, and Annulment in Michigan?
“It’s a beautiful night, we’re looking for something dumb to do
Hey baby, I think I wanna marry you
Is it the look in your eyes or is it this dancing juice?
Who cares, baby, I think I wanna marry you”
– Lyrics to ‘Marry You’ by Bruno Mars
“Vegas weddings” have a reputation for being wild and crazy. They’re fun, spontaneous, and seem to make a lot of sense when you’ve had “one too many” with your significant other – at least that’s how they’re portrayed in the movies!
But what happens when you wake up the next day and wipe the glitter from your eyes? Even Bruno Mars acknowledges the inherent risks of an impulsive marriage when he goes on to sing:
“If we wake up and you wanna break up, that’s cool
No, I won’t blame you, it was fun, girl”
So how do you back out of a legally binding marriage? This article is intended to provide some basic information about the three forms of legal separation in Michigan: divorce, separate maintenance, and annulment.
If you have any questions about how this information applies to you, please feel free to call our family law lawyers at (248) 290-9697 for a consultation.
DIVORCE
Divorce is the most common form of legal separation. Michigan is a “no-fault” divorce state, which simply means you don’t have to give anyone a reason for getting divorced.
Instead, one only has to say, “There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” That’s it!
“Fault” in divorce actions usually means someone committed adultery, lost the trust of their spouse, or the parties are simply ready to move on. In many ways the “no fault” grounds for divorce in Michigan is a blessing because it eliminates the traditional problem of waiting for someone to mess up and then severely penalizing that person for doing so.
Sometimes couples just aren’t a good match anymore, and that’s okay.
If the parties agree on all of the issues, then fault is unlikely to play any role in the divorce. That said, fault may become a factor in settlement negotiations depending on what events transpired and what issues are in dispute.
For example, if the parties separated because one parent mistreated the children, then obviously that will have an impact on future custody and parenting time arrangements. Another example is if one person misused marital money/assets without the knowledge or consent of the other spouse.
In that case, the offender would be less likely to receive an equal division marital property. (Remember: Michigan divides property “equitably” or “fairly,” which does NOT always mean equally!)
If you are concerned about “fault” in your divorce case, be sure to discuss it with us so that we may give you the appropriate advice to put your mind at ease.
SEPARATE MAINTENANCE
Another form of legal separation in Michigan is known as separate maintenance. An action for separate maintenance is filed in the same manner and on the same grounds as a divorce.
The only difference, really, is that the parties get to continue their health insurance and are not “officially divorced” for religious purposes. It makes sense, then, that neither party may remarry once the separate maintenance is officially granted. But many do go on to date other people.
The legal proceedings in a separate maintenance action are almost identical to the legal proceedings in a divorce action. It is important to note, however, that both parties must agree to a separate maintenance action or the court will automatically change it to a divorce action.
In other words, if your spouse files a Complaint for Separate Maintenance and you respond with a Counterclaim for Divorce, the court will proceed with the divorce.
Separate maintenance is a great option for couples with poor health, good health insurance, and/or strong religious beliefs. Call one of our attorneys today for more information.
ANNULMENT
The third form of legal separation in Michigan is annulment, which invalidates a marriage entirely so long as the marriage was “void or voidable” from the beginning. Furthermore, the injured party must leave the marital relationship promptly after discovering the truth.
A marriage is “absolutely void” if it involved bigamy (think of TLC’s Sister Wives or HBO’s Big Love); consanguinity (marrying a close blood relative), or incapacity (a person who is not capable in law of contracting).
A marriage is “voidable” if either party is underage, or consent was obtained by force or fraud. By way of illustration, let’s say a man knows his fiancé really wants children, she has expressed this desire for children many times, and the man pretended he also wanted children but secretly got a vasectomy right before the wedding.
This type of fraud is grounds for an annulment because it “goes to the heart of the marriage” – the fiancé consented because she was tricked into believing her partner wanted to have children.
‘Marry You’ by Bruno Mars is a really catchy song that coincidentally falls into the annulment category. Bruno’s suggestion of getting married is completely spontaneous (“It’s a beautiful night, we’re looking for something dumb to do”), it is not quite clear if he even knows the person he wants to marry (“Hey baby, I think I wanna marry you”), the parties are under the influence (“Is it the look in your eyes or is it this dancing juice?”), and the idea of breaking up doesn’t even phase him (“If we wake up and you wanna break up, that’s cool; No, I won’t blame you, it was fun, girl”).
Assuming the person he marries is single, not related to him, and wasn’t forced into it, then Bruno’s best argument for getting an annulment is incapacity to contract due to being under the influence. He would support his claim by showing pictures of copious amounts of alcohol, the couple drinking extensively, and maybe even a recording of Bruno slurring the lyrics to ‘Marry Me’ as part of his wedding speech.
Contact Bloomfield Family Law Today!
If you are seeking more information about divorce, separation or an annulment in Michigan, specifically in Oakland County or Macomb County, call us today for a consultation.
