Legal Separation and Annulment in Michigan
Whether Michigan offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. A spouse may file an action for separate maintenance in circuit court on the same no-fault ground as a divorce. MCL 552.7; MCL 552.19; MCL 552.23
| Legal separation | Yes. A spouse may file an action for separate maintenance in circuit court on the same no-fault ground as a divorce. If the other spouse files a counterclaim for divorce and the ground is proven, the court enters a divorce instead of separate maintenance. Property may be divided and spousal support ordered in a separate maintenance judgment. |
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| Annulment | A marriage performed in Michigan is void if the spouses are too closely related by blood or marriage, if either spouse was already married, or if either spouse was not legally capable of marrying. A marriage is also void if a spouse was under the age of consent and the couple separated during that time and did not live together afterward, or if a spouse's consent was obtained by force or fraud and the couple did not voluntarily live together afterward. Either spouse may file in circuit court to have the marriage declared void, using the same procedure as a divorce. Children of a void marriage are legitimate. Source: MCL 552.1; MCL 552.2; MCL 552.3 |
Where to get help in Michigan
More Michigan divorce & family law
- Getting a Marriage License in Michigan
- Adopting a Child in Michigan
- Guardianship of a Child or Adult in Michigan
- Establishing Paternity in Michigan
- Changing Your Name in Michigan
- Child Custody Laws in Michigan
- How Child Support Is Calculated in Michigan
- Divorce Records in Michigan
- Alimony and Spousal Support in Michigan
- How to File for Divorce in Michigan
- All Michigan divorce & family law rules
FAQ
Can you get a legal separation in Michigan?
Yes. A spouse may file an action for separate maintenance in circuit court on the same no-fault ground as a divorce. If the other spouse files a counterclaim for divorce and the ground is proven, the court enters a divorce instead of separate maintenance. Property may be divided and spousal support ordered in a separate maintenance judgment.
What are the grounds for annulment in Michigan?
A marriage performed in Michigan is void if the spouses are too closely related by blood or marriage, if either spouse was already married, or if either spouse was not legally capable of marrying. A marriage is also void if a spouse was under the age of consent and the couple separated during that time and did not live together afterward, or if a spouse's consent was obtained by force or fraud and the couple did not voluntarily live together afterward. Either spouse may file in circuit court to have the marriage declared void, using the same procedure as a divorce. Children of a void marriage are legitimate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.