QUESTION
What is entailed in a civil annulment versus a divorce?
Asked on Sep 09th, 2013 on Divorce - Michigan
More details to this question:
Would a wife be able to receive alimony if she feels her marriage was under false pretenses? They were married a short time.
4 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Divorce differs from annulment in that a divorce dissolve the marriage, ends a marriage. But the marriage will always be a historical fact. Annulment differs from divorce in that an annulment invalidates a marriage. Adelman declares a marriage null and void, retroactive to the date of the marriage. Annulment means that as a matter of law, the marriage never occurred. In every state of the United States, a divorce is available to anyone who desires one. But an annulment can only be obtained if the grounds for an annulment exist.
Answered on Sep 17th, 2013 at 1:03 AM
An annulment dissolves a marriage on the basis that there was some defect in the marriage procedure and process. A divorce dissolves a marriage on the basis of some breach in the marriage contract. For example, if either party to a marriage is still married to another person, they cannot legally enter into another marriage contract. Such a marriage would be invalid or void and subject to being annulled. The annulment puts the parties back in their pre-marital position so it would be unusual for there to be an award of alimony. Alimony also goes only for the length of the marriage except in unusual circumstances. If this is a short term marriage.
Answered on Sep 10th, 2013 at 11:29 AM
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No alimony is generally awarded in annulments (or, actually in divorces if the couple has been married a short time barring some extraordinary facts). For an annulment to be done the marriage needs to be void or voidable under Nebraska law. This is a tougher standard than it may sound to be...you should visit with an attorney regarding your specific facts. To my knowledge, there are no self-help forms available for annulment, but if you go through a divorce, there are some forms available to either get you started or give you an idea what is involved in the process.
Answered on Sep 10th, 2013 at 11:04 AM
Divorce Attorney serving Bloomfield Hills, MI
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In Michigan, to qualify for an Annulment, you must meet one of several statutory grounds, such as: 1) bigamy; or 2) fraud or force was used; or 3) marriage to a close relative. If the marriage is annulled, neither party can request alimony/spousal support from the other. Simply being married for a short time is not sufficient grounds to request an Annulment.
Answered on Sep 10th, 2013 at 10:46 AM