If you’re thinking about getting an annulment in Michigan and want to handle it yourself, you’re not alone. Many people choose to go through the process without hiring a lawyer — and yes, it’s absolutely possible. That said, annulments work a bit differently from divorces. While a divorce ends a valid marriage, an annulment says the marriage was never legally valid in the first place.
In this updated 2025 guide, we’ll walk you through what you need to know, what to watch out for, and how to take each step — all without paying hefty attorney fees.
Annulment vs. Divorce: What’s the Difference in Michigan?
At first glance, annulment and divorce might seem similar — both are ways to end a marriage — but legally, they’re quite different.
A divorce ends a valid marriage. An annulment, on the other hand, says the marriage was never legally valid to begin with. When a Michigan judge grants an annulment, it’s as if the marriage never happened in the eyes of the law.
In Michigan, divorces are handled under a no-fault system. That means either spouse can file for divorce simply by stating that the relationship has broken down beyond repair — no need to prove wrongdoing. Annulments, however, are different. You’ll need to show that something was legally wrong with the marriage from the start — and the burden of proof is on you.
Here are the main differences:
- Legal Impact: Divorce ends a legal marriage. Annulment treats the marriage as if it never existed.
- What You Have to Prove: Divorce doesn’t require fault. Annulment does — you need to meet specific legal grounds.
- Timing: You can file for divorce anytime. Some annulment reasons have deadlines.
- Who Qualifies: Almost anyone can get a divorce. Annulments are only granted in special situations.
Statutory Grounds for Annulment in Michigan
Michigan law recognizes several specific grounds for annulment, which fall into two categories: void marriages and voidable marriages.
Void Marriages (Invalid from the Beginning)
Bigamy: If one spouse was already legally married at the time of the subsequent marriage. This type of marriage is completely void.
Kinship: Marriages between close blood relatives, including step-family relations (blood or affinity) closer than first cousins.
Incapacity Due to Age: Persons under 16 cannot legally marry unless they obtain a court order. Those between 16-18 must have parental or guardian consent.
Mental Incapacity: If one party lacked the mental ability to understand the nature of the marriage contract at the time of the ceremony.
Voidable Marriages (Can Be Annulled Under Certain Conditions)
Fraud: One party knowingly failed to disclose critical information such as inability to have children, concealed criminal record, entered marriage for immigration fraud, or failed to understand they were actually marrying.
Duress: One party was forced into the marriage under threat or coercion.
Physical Incapacity: If one spouse suffered from a physical incapacity, defect, or infirmity at the time of marriage, but this must be brought to court within two years of the marriage date.
Improper Ceremony: The person who performed the ceremony lacked legal authority to perform marriages.
Where Do You File for an Annulment in Michigan?
All annulment cases in Michigan are handled by the Circuit Court. But unlike divorce, where you usually file in the county where you live, annulment is different — you must file in the county where the marriage ceremony actually took place.
This is an important detail. Filing in the wrong county can cause delays or even get your case dismissed entirely. And if you were married outside of Michigan, things can get a bit more complicated. You may need to meet additional legal requirements before the court can even hear your case.
Forms and Filing Fees for Annulment in Michigan (2025 Update)
If you’re hoping for a simple fill-in-the-blank form like you might find with divorce paperwork — unfortunately, Michigan doesn’t make it that easy for annulments. The courts don’t provide standardized annulment forms or step-by-step instructions, so you’ll either need to draft the documents yourself or use a professional service to help prepare them.
| Purpose | Form Number | Notes |
|---|---|---|
| Summons | MC 01 (3/23) | Clerk signs; expires in 91 days |
| Complaint | MC 01a or custom | State your statutory ground in numbered paragraphs |
| Statistical Record | DCH 0838 | File with your judgment |
| Minor-Child Information | FOC 100 & MC 416 | Only if children are involved |
| Fee Waiver (if needed) | MC 20 (9/23) | Income below 125% of poverty level |
| Proof of Service | MC 302 | After serving spouse |
How Much Does It Cost to File?
Here is the breakdown of the typical fees you pay in 2025 when you file for an annulment in Michigan:
New case filing fee: $150.00
E-Filing Fee (state statute required): $25.00
Total to start your case: $175.00
You may also find a few additional costs:
Service of Process: It will depend on how you serve your spouse.
- Motion Filing Fee: $20.00 (in case you wish to file an actual motion in the case)
- Certified copy orders are $10.00.
- Additional pages are $1.00.
Remember that there are variable fees involved, so it’s always best to check with your nearby Circuit Court before you file.
Fee Waivers
If you can afford it, you might be able to forego paying filing fees on annulment actions. Call the court clerk to get the forms that you need to ask for a fee waiver.
Writing a Good Legal Complaint for Annulment
Because there are no standard annulment forms in the Michigan courts, you will have to write your own complaint. Your complaint will include all of the facts and information on your side of the case.
Major Components of Your Complaint
1. Jurisdictional Statement:
Notify the court of its jurisdiction
Ensure that the ceremony was conducted in the county in which you are applying.
2. Parties Information
Both spouses’ full names
Addresses
Date and place of wedding
3. Reasons for Annulment
Express clearly the statutory ground(s) that you’re claiming
Provide clear facts for each reason.
Utilize dates, places, and precise details.
4. Relief Requested
Request that the marriage be declared null and void
Address any issues regarding property, debts, or children
Request any other appropriate relief
Supporting Documentation
Collect all relevant documents, including marriage certificates, financial records, and any evidence supporting the grounds for annulment. The strength of your documentation will significantly impact your case’s success.
Serving Your Spouse Within 91 Days
After filing your complaint, you must properly serve your spouse with the court papers. Michigan law requires that the defendant be properly notified and has the right to respond.
Service Methods
- Personal service by a process server
- Service by certified mail (if spouse agrees)
- Service by publication (in limited circumstances with court approval)
Time Requirements
While the search results mention a 91-day requirement in the title, the specific timeline for service in annulment cases follows general civil procedure rules. The defendant typically has 21 days to respond if served in Michigan, or 28 days if served outside Michigan.
Contested vs. Default Annulments: What to Expect
Default Annulments
If your spouse doesn’t respond to the complaint within the required timeframe, you may request a default judgment. However, the court won’t simply accept your proposed annulment ruling at the default hearing. The court will review your case to determine whether all requirements are reasonable, equitable, and consistent with Michigan law.
Contested Annulments
If the parties disagree about the annulment, the court will order a hearing. The parties will argue, present evidence, and answer questions from the judge during this hearing. The judge’s ruling during the hearing can have a great bearing on the result of the annulment.
Preparation of Evidence for Final Hearing
The success of your case for annulment depends significantly on the credibility and strength of your evidence. You need to prove one of the reasons mentioned above by clear and convincing evidence.
Types of Evidence to Collect
For Fraud Cases
- Recording of misrepresentations
- Medical records (for unspecified conditions)
- Immigration documents (for sham marriages)
- Witness testimony
For Mental Incapacity:
- Professional views and medical histories
- Record of mental condition at the time of marriage
- Witness testimony about acts.
For Bigamy
- Marriage certificates that show previous marriages
-
Divorce records (or lack thereof)
-
Official records from other jurisdictions
Organizing Your Evidence
Provide evidence in chronological form and mark all documents clearly. Develop testimonial evidence beforehand and brief all witnesses on the court procedure.
Judgment of Nullity: What to Do Once the Judge Signs
If the judge grants the annulment, they will issue a document that legally declares the marriage invalid and wipes it out of the books. The ruling can also include:
- Splitting property
- Child support and custody (if required)
- Spousal support counts
- Name changes
In Michigan, annulments and matters of child custody are separately determined. The court decides what will be in the best interests of the child when there is a determination of custody, and an annulment will not necessarily alter custody.
Common Pitfalls and How to Avoid Them
Timing Issues
Most grounds for annulment in Michigan are difficult to prove, and few annulments are granted. For voidable marriages involving fraud, duress, sterility, or impotence, you must file within two years of the marriage.
Cohabitation Defense
If you discover grounds for annulment but continue living with your spouse after learning of the issue, this can serve as a defense against your annulment petition. Cohabitation can overcome any request for annulment based on voidable grounds.
Insufficient Evidence
Evidence to invalidate a marriage is considerable. Have detailed records and reliable witness statements in place before you proceed.
Jurisdictional Mistakes
Filing in the wrong county is a mistake that could result in your case being dismissed. Make sure you’re filing in the county where the wedding took place.
Free Resources and Self‑Help Links
Document Preparation Services
InstantOnlineDivorce.com – Professional online document preparation service that may assist with family law paperwork and forms.
Michigan Legal Help
Michigan Legal Help (michiganlegalhelp.org) provides general information about alternatives to divorce, including annulment.
Local Court Resources
Contact your local Circuit Court clerk’s office for:
- Fee schedules
- Local court rules and procedures
- Information about fee waivers
- Court calendar and hearing schedules
Law Libraries
Many counties have law libraries with self-help resources and access to legal forms and research materials.
Legal Aid Organizations
If you qualify based on income, contact local legal aid organizations for potential assistance with your case.
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