Considering divorce may be a bit handful to you. Undergoing a family crisis while being lost in the legalities involving divorce can be too much for you to handle. Van Tubergen, Treutler & Hayes, PLLC understand your condition and we will be more than willing to assist you in everything you need regarding divorce proceedings. We have deep knowledge on every areas of family law which includes divorce, custody, parenting time, child support, spousal support, paternity, guardianship, step parent adoption, and child protective proceedings.

The Difference Between Divorce and Annulment in Michigan

Although annulment and divorce are both a legal proceeding used to end marriage, they differ under circumstances where it can be used. For example, when there was a flaw in the marital proceeding, the couple or either of the two parties can file for annulment. This is done if they wish to consider their marriage as null, or a marriage that never exist.

The judge will make a determination that a legal marriage never happened or took place. Since the previous marriage is null and void, if either the parties remarries then it is considered as his/her first ever marriage.

Annulment can only be possible under certain circumstances. Among these, either or both of the parties should be;

Still or already been legally married to someone else
Underage or not mentally competent to be married
The parties are too closely related to be married
Marriage consent was obtained by fraud or force
Marriage was never consummated or there is a lack of physical relations between the couple after the marriage ceremony

If any of the above reasons is valid, then an annulment can be used to end the marriage. When it is successfully granted, both of the parties are compensated with everything that they brought into marriage or earned through their labor during marriage.

Divorce on the other hand is used if the couple, even when marriage has undergone proper proceedings, want to dissolve their union. Regardless of how long or short the duration of their marriage is, when the husband and wife obtained a marriage license, a divorce is needed to be filed when ending their marriage.

In any other states, to file for a divorce case, the person must state the reason why he or she needs it and prove this to the court. However, Michigan grants a divorce in a no-fault grounds. This means that anyone can file for a divorce whenever they see that there is a need to, with or without indicating the fault in their marriage. When all is settled, the judge will determine the arrangement for the couples including their property rights or custodial and visitation rights when minor children are involved.
Regarding the custodial rights of the parent, in which marital fault can affect the result, the court makes a determination through twelve factors. These factors encompass the Best Interest of the Child Standard. The other factor is the moral fitness of the parties. This factor can have a serious impact on the outcome of the custody determination.
Contact our expert Family Law lawyers in Grand Haven, Holland, and Muskegon, Michigan. For a free initial consultation, call the Law Office of Van Tubergen, Treutler & Hayes, PLLC at 616-844-3000.