How to Get an Annulment in Michigan

Michigan annulments are only granted in specific situations—here's what qualifies and how the process works.

By , J.D. North Carolina Central University School of Law
Updated by Stacy Barrett, Attorney UC Law San Francisco
Updated 4/13/2026

Annulment is a civil court process that declares a marriage legally invalid. If an annulment is granted, it's like you were never married in the eyes of the law. You can only get an annulment in very limited situations.

This process shouldn't be confused with a divorce, which ends a valid marriage through a court order. It's also different from a religious annulment, which can only be granted through your church or clergy and doesn't affect your legal marital status.

What Is a Marriage Annulment in Michigan?

Michigan law recognizes two types of invalid marriages: void marriages and voidable marriages.

What Are Void Marriages in Michigan?

Void marriages are automatically invalid from the start, including marriages involving:

  • close relatives, including certain stepfamily and in-law relations
  • bigamy (either spouse was already married to someone else)
  • mental incompetency (profound, permanent incapacity), or
  • an underage spouse.

(Mich. Comp. Laws §§ 551.3, 551.4, 551.5, 551.51, 552.1 (2026).)

What Are Voidable Marriages in Michigan?

Voidable marriages are valid unless someone asks for and a judge grants an annulment. Grounds (legal reasons) include:

  • either spouse's consent to marry was obtained by force or fraud
  • either spouse suffers from a physical incapacity at the time of the marriage that was unknown to the other spouse (such as impotence or infertility), or
  • either spouse was temporarily incapable of contracting at the time of the marriage due to illness or intoxication.

(Mich. Comp. Laws §§ 552.2, 552.36, 552.37, 552.39 (2026).)

Michigan Annulment Filing Deadlines

Michigan's only explicit filing deadline for an annulment applies to physical incapacity. If you want to pursue an annulment based on your spouse's physical incapacity, you must file for it within two years of the marriage.

Other annulment grounds have no hard deadlines, but waiting too long can disqualify you from an annulment through ratification. Ratification happens when you choose to continue living with your spouse after learning about the grounds for the annulment. For example, if you discover your spouse misrepresented the paternity of a child, you might be able to get an annulment. But if you voluntarily continue to live with that spouse after you discover the deception, you can lose the right to seek an annulment. You would still, however, be able to get a divorce.

You can also lose the right to an annulment based on temporary mental incapacity through ratification.

(Mich. Comp. Laws §§ 551.51, 552.36, 552.37, 552.39 (2026).)

Who Can File for an Annulment in Michigan?

Either spouse can file for an annulment in Michigan. The one exception is physical incapacity. In that case, only the non-injured spouse can file for an annulment.

When a spouse can't file for themselves because of mental incapacity or because they are underage, another person may file on their behalf. Michigan law specifically allows a court-approved "next friend" to bring an annulment action. Under Michigan Court Rules, a court-appointed conservator or guardian may also file on behalf of a spouse who can't act for themselves.

(Mich. Comp. Laws §§ 552.3, 552.35, 552.36, 552.39 (2026).)

What Happens After a Michigan Annulment?

When a judge grants an annulment, the marriage is treated as though it never existed. This is different from divorce, where a valid marriage is ended by a court order.

Even so, a judge can still address important legal matters during annulment proceedings. Either spouse can ask for court orders on child custody, parenting time, and child support. When a marriage is annulled on the grounds of force or fraud, a judge will award custody of the children to the innocent spouse.

A Michigan judge can also order the division of property acquired during the marriage and may even award temporary spousal support depending on the circumstances. Permanent alimony isn't available when a marriage is annulled.

(Mich. Comp. Laws §§ 552.15, 552.16, 552.19, 552.38 (2026).)

How Do I Get an Annulment in Michigan?

To get an annulment in Michigan, you must file a petition in the circuit court of the county where either spouse lives. Michigan doesn't have a standard statewide form for an annulment petition. Contact your local court clerk to see if a sample petition is available. You can also visit Michigan Legal Help for general information about Michigan courts and legal resources, or talk to a local divorce or family law attorney.

(Mich. Comp. Laws § 552.3 (2026).)

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