There are three distinct ways to legally end a marriage relationship in Michigan: divorce, separate maintenance and annulment.
In a separate maintenance action, the parties are still technically married, but the court has already divided their property and debts and awarded spousal support, if any; these actions are usually maintained for health insurance or religious reasons, and they are rare. If the other party requests a divorce, the court will hear the divorce action instead.
In an annulment action, the court issues an order stating that the marriage never legally occurred. The grounds for an annulment include bigamy, fraud, insanity and attempted marriage of a minor. Like separate maintenance actions, annulment actions are also rare. In either action, child custody and child support proceed just as if the action were a divorce.
People seeking a divorce are often confused about the concept of fault as used in Michigan law. Michigan is a no-fault divorce state. The complaint for divorce need only allege that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood of reconciliation. This does not mean, however, that Michigan does not consider fault. Fault is relevant in some instances in child custody, spousal support and property distribution.
Read our detailed legal summary of Michigan including groups, residency, custody, child support, spousal support, and property to learn more.