What is an annulment?
This is another option for those who do not want a divorce. An annulment invalidates a marriage based on the judge finding that the marriage was void from its inception (i.e. was never valid) or is voidable (was later determined to be invalid) for some reason. Couples who receive an annulment must not continue to cohabitate.
Alternatives to Divorce
What If I don’t want a divorce, but no longer want to stay with my spouse?
In the state of Michigan, divorce is not the only method for ending/dissolving a marriage. There are two other methods that are both very different. It is important to understand these differences so that you can make an informed decision about which path is right for you and your family.
Some families have a religious objection to divorce. For this and other reasons, a couple might pursue a separate maintenance (i.e. a legal separation) in lieu of a divorce. These are extremely rare occurrences. The only difference between an action for separate maintenance and a divorce is that the parties will be prevented from remarrying. However, if one of the parties files for divorce, the family court will default to the divorce and toss out the action for separate maintenance.
What is a void marriage?
A marriage is void when the couple is too closely related (parent/child, aunt/uncle, siblings, nephews, etc.) or where one of the spouses is still in a previous marriage (aka Bigamy). A void marriage cannot continue to be valid and will be nullified even without a court order.
A good rule of thumb for distinguishing a void marriage from a voidable one is that the spouses are categorically incapable (by law) of being validly marriage no matter how willing they are.
What is a voidable marriage?
A marriage is voidable if one of the parties is found to be sterile, was below the age of consent when married, or was otherwise unable to consent (i.e. mental issues, duress, or fraud). A marriage found to be voidable can still be continued by the spouses and is valid until a court order nullifies it.
Voidable marriages are distinguishable from void ones because a voidable marriage could be validly married but for whatever factor or circumstances made it voidable.
But wait, I thought a marriage was void if it could not be made valid by consent, then how come underage marriages are voidable and not outright void? Doesn’t that create problems?
The reason marriages involving an underage spouse are voidable rather than simply void is because that underage spouse will likely come of age during the marriage, at which point he or she will be fully capable of consenting to remain
What is a legal separation/separate maintenance?
Separate maintenance is the technical legal term for what is commonly referred to as a legal separation. It is another way for a couple to “end” their marriage without getting a divorce. It should be noted that that a legal separation does not actually dissolve the marriage. This is the reason why people who are legally separated cannot remarry other people, because they are still technically married at law. If you wish to truly dissolve your marriage you must get a divorce.
Much like divorce you and your spouse can sign a “separation agreement” which enshrines your wishes for the terms of your separate maintenance that the judge is likely to adopt as the final order of the separation.
Separate maintenance is also the name of the final document codifying the separation. However, it is not the only document you can use for a legal separation. You can also use something called a “Postnuptial agreement
What are the grounds/requirements for getting a legal separation?
The grounds and requirements for a legal separation are the same as they are for divorce. To be specific, you may only get legally separated if the marital relationship has suffered an irreconcilable breakdown. You must also meet the same residency requirements as a divorce.
Can you use a legal separation as something other than an alternative to a divorce? Can you use it to fix your marriage?
Yes, you can. That’s one of the main reasons why legal separations do not dissolve the marriage? It’s because spouses often use these periods of separation as therapy for an ailing marriage rather than an alternative to a divorce.
Sometimes it is important to take the time to resolve personal issues in solitude so that you can then focus on fixing the things that are wrong with your marriage. There is nothing wrong with taking legal steps to facilitate this.
A big takeaway from all of this is that it might not be a good idea to rush into a rash decision like permanently dissolving a marriage. Sometimes it is wiser to take preliminary steps to try to make sure there is nothing that can be done to fix it. Sometimes the swiftness of the decisions to sever the marriage is what makes it irreparable in the first place. Conversely, being open to trying to make it work or try to figure out what is wrong is an essential step to healing and getting stronger as a couple.
If we get an annulment or a legal separation, how does that effect division of property, spousal support, and child support/custody?
Please consult the relevant chapters on Property division, spousal support, child support, and child custody? It will be the last subsection in each of those chapters.